Procedure for Exercise of Warrants. (a) During the period specified in and subject to the provisions and limitations set forth in Section 2.2 hereof, Warrants may be exercised by surrendering the Warrant Certificates representing such Warrants to the Warrant Agent at 000 Xxxxx Xxxxxx, Xxxxx 000, Xxxxxxxx, Xxxxxxxx 00000 attention: Trust Department (the "Principal Office") or at such other location as the Warrant Agent may specify in writing to the Holders with the election to purchase form set forth on the reverse side of the Warrant Certificate duly completed and executed, with Signature Guaranteed under certain circumstances as set forth in the purchase form, accompanied by payment in full to the Warrant Agent for the account of the Company of the Exercise Price in effect at the time of such exercise, together with such taxes as are specified in Section 6.1 hereof, for each share of Common Stock with respect to which such Warrants are being exercised. Such Exercise Price and taxes shall be paid in full by certified or official bank check, or by United States Postal Service money order, payable in United States currency to the order of the Warrant Agent for the account of the Company.
Procedure for Exercise of Warrants. The Warrants may be exercised by their holders by following the procedure described below.
Procedure for Exercise of Warrants. The Warrants may be ---------------------------------- exercised prior to the Expiration Date (as hereinafter defined) at the Exercise Price at any time after the date hereof. The Warrants shall expire on September 13, 2005, at 5:00 p.m., EST (the "Expiration Date"). The Warrants may be exercised by surrendering the Warrant Certificates representing such Warrants to the Company at its address set forth in Section 4.5 hereof, together with the Election to Purchase duly completed and executed, accompanied by payment in full, as set forth below, to the Company of the Exercise Price for each Warrant Share in respect of which such Warrants are being exercised. Such Exercise Price shall be paid in full by (i) cash or a certified check or a wire transfer in same day funds in an amount equal to the Exercise Price multiplied by the number of Warrant Shares then being purchased or (ii) delivery to the Company of that number of shares of Common Stock having a Fair Market Value (as hereinafter defined) equal to the Exercise Price multiplied by the number of Warrant Shares then being purchased. In the alternative, the Holder of a Warrant Certificate may exercise its right to purchase some or all of the Warrant Shares subject to such Warrant Certificate, on a net basis, such that, without the exchange of any funds, such Holder receives that number of Warrant Shares subscribed to pursuant to such Warrant Certificate less that number of shares of Common Stock having an aggregate Fair Market Value at the time of exercise equal to the aggregate Exercise Price that would otherwise have been paid by such Holder for the number of Warrant Shares subscribed to pursuant to such Warrant Certificate (hereinafter, a "Net Cashless Exercise").]
Procedure for Exercise of Warrants. During the period specified in and subject to the provisions of Section 2.2 hereof, the Warrants may be exercised by surrendering the Warrant Certificates representing such Warrants to the Warrant Agent at its principal office (the "Principal Office"), which is presently located at 00 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, with the election to purchase form set forth on the Warrant Certificate duly completed and executed, with signatures guaranteed by a member firm of a national securities exchange, a commercial bank or trust company located in the United States, a member of the National Association of Securities Dealers, Inc. ("NASD") or other eligible guarantor institution which is a participant in a signature guarantee program (as such terms are defined in Reg. 240.17Ad-15 under the Securities Exchange Act of 1934, as amended) acceptable to the Warrant Agent ("Signatures Guaranteed"), accompanied by payment in full of the Exercise Price as provided in Section 2.1 in effect at the time of such exercise, together with such taxes as are specified in Section 7.1 hereof, for each share of Common Stock with respect to which such Warrants are being exercised. Such Exercise Price and taxes shall be paid in full by certified check or money order, payable in United States currency, to the Warrant Agent for the account of the Company. The date on which Warrants are exercised in accordance with this Section 2.3(a) is sometimes referred to herein as the Date of Exercise of such Warrants.
Procedure for Exercise of Warrants. During the period specified in and subject to the provisions of Section 2.2 hereof, the Warrants may be exercised, in whole or in part, by surrendering the Warrant Certificates representing such Warrants to the Company at its principal office, which is presently at 105 Xxxxxxxxx Xxxx Xxxxx, Xxxxx Xxxxxx, X.X., 00000, xxth the election to purchase form set forth on the Warrant Certificate duly completed and executed, accompanied by payment in full of the Exercise Price as provided in Section 2.1 in effect at the time of such exercise, for each share of Common Stock with respect to which such Warrants are being exercised. Such Exercise Price shall be paid in full by either (i) wire transfer of immediately available funds, (ii) certified check payable in United States currency to the order of the Company or (iii) by surrender to the Company of the number of Warrants set forth below: X = Y(A-B) ------ A Where: X = the number of shares of Common Stock to be issued to the Holder upon exercise pursuant to the foregoing clause (iii). Y = the number of shares of Common Stock represented by the Warrants so surrendered. A = the Current Market Price (as defined below of one share of Common Stock on the Date of Exercise (as defined below). B = the Exercise Price for the Warrants so surrendered. The date on which Warrants are exercised in accordance with this Section 2.3 is sometimes referred to herein as the Date of Exercise of such Warrants. 4 3
Procedure for Exercise of Warrants. The Warrants may be ---------------------------------- exercised prior to the Expiration Date (as hereinafter defined) at the Exercise Price at any time after (a) the first anniversary of the date hereof, (b) eleven (11) business days following the commencement of a tender offer (as provided in Rule 14d-2 of the Exchange Act (as defined below)) with respect to the Common Stock pursuant to Regulation 14D promulgated under the Securities Exchange Act of 1934, as amended (the "Exchange Act"), unless the Company has published, sent or given to securityholders pursuant to Rule 14e-2(a) under the Exchange Act a statement that the Company recommends rejection of such tender offer (a "Rejection Recommendation"), (c) after a Rejection Recommendation, if and upon the public announcement by the Company, a filing by the Company with the Securities and Exchange Commission, or the sending by the Company to securityholders of a statement pursuant to Rule 14e-2(b) under the Exchange Act, in each case, which changes the Company's position with respect to such tender offer to a recommendation of acceptance of such tender offer or an expression of no opinion with respect to such tender offer, (d) immediately prior to consummation by the Company of any consolidation or merger with any entity (other than a wholly-owned subsidiary of the Company) other than a consolidation or merger as a result of which each of the stockholders of the Company owns, immediately after consummation of such consolidation or merger, directly or indirectly, at least 67% of the percentage of the fully diluted capital stock of the Company or the surviving entity of such consolidation or merger which such stockholder owned immediately prior to the consummation of such consolidation or merger, calculated without giving effect to the issuance as part of such consolidation or merger of up to 330,000 shares of Common Stock upon exercise of the Warrants, or (e) the consummation by the Company of any sale, transfer or other disposition of all or substantially all of its property, assets or business, other than to a subsidiary of the Company in respect of which the Company owns or controls, directly or indirectly, 67% or more of the outstanding voting stock. The Warrants shall expire at 5:00 p.m., New York City time on August 28, 2002 (the "Expiration Date"). The Warrants may be exercised by surrendering the Warrant Certificates representing such Warrants to the Company at its address set forth in Section 4.5 ...
Procedure for Exercise of Warrants. Warrants may be exercised prior to the Expiration Date at the Exercise Price in accordance with Section 2.3. The Warrants may be exercised by surrendering the Warrant Certificates representing such Warrants to the Company at its address set forth in Section 3.5 hereof, together with the Election to Purchase duly completed and executed, accompanied by payment in full, as set forth below, to the Company of the Exercise Price for each share of Series E Preferred Stock or fraction thereof in respect of which such Warrants are being exercised. Such Exercise Price shall be paid in full by (i) cash or a certified check or a wire transfer in same day funds in an amount equal to the Exercise Price multiplied by the number of shares of Series E Preferred Stock or fraction thereof then being purchased or (ii) delivery to the Company of that number of shares of Common Stock having a Fair Market Value (as hereinafter defined) equal to the Exercise Price multiplied by the number of shares of Series E Preferred Stock or fraction thereof then being purchased. In the alternative, the Holder of a Warrant Certificate may exercise its right to purchase all or a portion of the shares of Series E Preferred Stock subject to such Warrant Certificate, on a net basis, such that, without the exchange of any funds, such Holder receives that number of shares of Series E Preferred Stock or fraction thereof subscribed to pursuant to such Warrant Certificate LESS that number of shares of Series E Preferred Stock convertible into shares of Common Stock having an aggregate Fair Market Value at the time of exercise equal to the aggregate Exercise Price that would otherwise have been paid by such Holder for the number of shares of Series E Preferred Stock or fraction thereof subscribed to pursuant to such Warrant Certificate (hereinafter, a "Net Cashless Exercise").
Procedure for Exercise of Warrants. (a) During the period specified in and subject to the provisions and limitations set forth in Section 2.02 hereof, Warrants may be exercised by surrendering the Warrant Certificates representing such Warrants to the Warrant Agent at 59 Maiden Lane, Plaza Level, New York, NY 10038, attention: Trust Depaxxxxxx (xxx "Xxxxxxxxx Xxxxxx") xx xx xxxx xxxxr location as the Warrant Agent may specify in writing to the Holders with the election to purchase form set forth on the reverse side of the Warrant Certificate duly completed and executed, with Signature Guaranteed under certain circumstances as set forth in the purchase form, accompanied by payment in full to the Warrant Agent for the account of the Company of the Exercise Price in effect at the time of such exercise, together with such taxes as are specified in Section 6.01 hereof, for each share of Common Stock with respect to which such Warrants are being exercised. Such Exercise Price and taxes shall be paid in full by certified or official bank check, or by United States Postal Service money order, payable in United States currency to the order of the Warrant Agent for the account of the Company.
Procedure for Exercise of Warrants. (a) In order to exercise one or more Warrant(s), the Warrantholders must pay the Subscription Money in the manner mentioned in paragraph (b) below and fulfill the following additional conditions precedent (the "Deposit Conditions"): -
Procedure for Exercise of Warrants. From the Original Issue Date through the Expiration Date, Warrants may be exercised by the Holder by: (a) surrendering the Warrant Certificates representing such Warrants to the Warrant Agent at its principal office (its "Principal Office"), which is currently at 00 Xxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, with the Election to Purchase form set forth on the Warrant Certificate (the "Election to Purchase") duly completed and executed by the Holder, with "Signatures Guaranteed" (which for purposes hereof shall mean signatures guaranteed by a member firm of a national securities exchange, a commercial bank or a trust company located in the United States, or a member of the National Association of Securities Dealers, Inc.); (b) delivering to the Warrant Agent for the account of the Company payment in full of the aggregate Exercise Price for the shares of Common Stock with respect to which such Warrants are being exercised; and (c) delivering to the Warrant Agent payment in full of the aggregate amount of the transfer taxes, if any, referred to in Section 7.1. Such Exercise Price and taxes shall be paid in full by cash, certified or official bank check, or postal money order, in each case payable in United States currency to the order of the Warrant Agent. The date on which Warrants are exercised in accordance with this Section 2.3 is sometimes referred to herein as the "Date of Exercise" of such Warrants.
