Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership Limitation, applied however with respect to shares of capital stock registered under the 1934 Act and thereafter receivable upon exercise of this Warrant (or any such other warrant)).
Appears in 79 contracts
Sources: Security Agreement (Urban-Gro, Inc.), Security Agreement (International Land Alliance Inc.), Security Agreement (Oncotelic Therapeutics, Inc.)
Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to shares of capital stock registered under the 1934 Act and thereafter receivable upon exercise of this Warrant (or any such other warrant)).
Appears in 78 contracts
Sources: Underwriting Agreement (Ondas Holdings Inc.), Warrant Agreement (Interactive Strength, Inc.), Securities Purchase Agreement (SCWorx Corp.)
Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrantswarrants issued hereunder) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to shares of capital stock registered under the 1934 Act and thereafter receivable upon exercise of this Warrant (or any such other warrant)).
Appears in 33 contracts
Sources: Security Agreement (AtlasClear Holdings, Inc.), Warrant to Purchase Common Stock (Mullen Automotive Inc.), Warrant Agreement (Tivic Health Systems, Inc.)
Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to shares of capital stock registered under the 1934 Exchange Act and thereafter receivable upon exercise of this Warrant (or any such other warrant)).
Appears in 31 contracts
Sources: Warrant Agreement (Presto Automation Inc.), Warrant Agreement (Presto Automation Inc.), Warrant Agreement (Presto Automation Inc.)
Application. The provisions of this Section 4 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to shares of capital stock registered under the 1934 Exchange Act and thereafter receivable upon exercise of this Warrant (or any such other warrant)).
Appears in 16 contracts
Sources: Warrant Agreement (Presto Automation Inc.), Warrant Agreement (Presto Automation Inc.), Warrant Agreement (Presto Automation Inc.)
Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to capital shares of capital stock registered under the 1934 Act and thereafter receivable upon exercise of this Warrant (or any such other warrant)).
Appears in 13 contracts
Sources: Warrant Agent Agreement (Digital Brands Group, Inc.), Warrant Agent Agreement (Digital Brands Group, Inc.), Warrant Agent Agreement (Bone Biologics Corp)
Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to shares of capital stock registered under the 1934 Act and thereafter receivable upon exercise of this Warrant (or any such other warrant)).
Appears in 8 contracts
Sources: Securities Purchase Agreement (VCI Global LTD), Warrant Agent Agreement (FGI Industries Ltd.), Warrant Agent Agreement (Direct Digital Holdings, Inc.)
Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled subject to the benefit of the Beneficial Ownership LimitationLimitation and prior to the Ex-Exchange Cap Date, the Exchange Cap, applied however with respect to shares of capital stock registered under the 1934 Act and thereafter receivable upon exercise of this Warrant (or any such other warrant)).
Appears in 4 contracts
Sources: Security Agreement (Signing Day Sports, Inc.), Security Agreement (Signing Day Sports, Inc.), Security Agreement (Signing Day Sports, Inc.)
Application. The provisions of this Section 4 4(c) shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to shares of capital stock registered under the 1934 Act and thereafter receivable upon exercise of this Warrant (or any such other warrant)).
Appears in 3 contracts
Sources: Warrant Agreement (Adagio Medical Holdings, Inc.), Subscription Agreement (ARYA Sciences Acquisition Corp IV), Subscription Agreement (ARYA Sciences Acquisition Corp IV)
Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to shares of capital stock registered under the 1934 Exchange Act and thereafter receivable upon exercise of this Warrant (or any such other warrant))..
Appears in 3 contracts
Sources: Warrant Agreement (Presto Automation Inc.), Warrant Agreement (Presto Automation Inc.), Warrant Agreement (Presto Automation Inc.)
Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to shares of share capital stock registered under the 1934 Act and thereafter receivable upon exercise of this Warrant (or any such other warrant)).
Appears in 2 contracts
Sources: Placement Agent Warrant (Dogness (International) Corp), Securities Purchase Agreement (Sundial Growers Inc.)
Application. The above provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to shares of capital stock registered under the 1934 Act and thereafter receivable upon exercise of this Warrant (or any such other warrant)).
Appears in 2 contracts
Sources: Warrant Agency Agreement (Polarityte, Inc.), Underwriting Agreement (Polarityte, Inc.)
Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Investor Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Investor Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to shares of capital stock registered under the 1934 Act and thereafter receivable upon exercise of this Investor Warrant (or any such other warrant)).
Appears in 2 contracts
Sources: Security Agreement (Neonode, Inc), Security Agreement (Neonode, Inc)
Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to shares of capital stock units or other securities registered under the 1934 Act and thereafter receivable upon exercise of this Warrant (or any such other warrant)).
Appears in 2 contracts
Sources: Securities Purchase Agreement (Emerge Energy Services LP), Securities Purchase Agreement
Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrants, options or other instruments or securities) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to shares of capital stock registered under the 1934 Act and thereafter receivable upon exercise of this Warrant (or and any such subsequent warrants, options or other warrantinstruments or securities)).
Appears in 1 contract
Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such 8 subsequent warrantswarrants issued hereunder) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to shares of capital stock registered under the 1934 Exchange Act and thereafter receivable upon exercise of this Warrant (or any such other warrant)).
Appears in 1 contract
Sources: Common Stock Purchase Warrant
Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to shares of capital stock registered under the 1934 Act and thereafter receivable upon exercise of this Warrant (or any such other warrant)).
Appears in 1 contract
Sources: Underwriting Agreement (Neovasc Inc)
Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to shares of capital stock registered under the 1934 Exchange Act and thereafter receivable upon exercise of this Warrant (or any such other warrant)).
Appears in 1 contract
Sources: Securities Purchase Agreement (RedHill Biopharma Ltd.)
Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to shares of share capital stock registered under the 1934 Act and thereafter receivable upon exercise of this Warrant (or any such other warrant)).
Appears in 1 contract
Sources: Securities Purchase Agreement (NewGenIvf Group LTD)
Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Series A Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Series A Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to shares of capital stock registered under the 1934 Act and thereafter receivable upon exercise of this Series A Warrant (or any such other warrant)).
Appears in 1 contract
Application. The provisions of this Section 4 4.4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this such Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this such Warrant (provided that the Registered Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to shares of capital stock registered under the 1934 Act and thereafter receivable upon exercise of this such Warrant (or any such other warrant)).
Appears in 1 contract
Sources: Warrant Agreement (CONTRAFECT Corp)
Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to shares of capital stock the Company’s Capital Stock registered under the 1934 Act and thereafter receivable upon exercise of this Warrant (or any such other warrant)).
Appears in 1 contract
Sources: Securities Purchase Agreement (Bergio International, Inc.)
Application. The provisions of this Section 4 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrantswarrants issued hereunder) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to shares of capital stock registered under the 1934 Exchange Act and thereafter receivable upon exercise of this Warrant (or any such other warrant)).
Appears in 1 contract
Sources: Common Stock Purchase Warrant
Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage and Exchange Cap, applied however with respect to shares of capital stock registered under the 1934 Act and thereafter receivable upon exercise of this Warrant (or any such other warrant)).
Appears in 1 contract
Sources: Credit Agreement (Cpi Corp)
Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Warrant for this purpose only (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to shares of share capital stock registered under the 1934 Act and thereafter receivable upon exercise of this Warrant (or any such other warrant)).
Appears in 1 contract
Sources: Securities Restructuring Agreement (Sundial Growers Inc.)
Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Change of Control Events and shall be applied as if this Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to shares of share capital stock registered under the 1934 Exchange Act and thereafter receivable upon exercise of this Warrant (or any such other warrant)).
Appears in 1 contract
Sources: Warrant Agreement (ReneSola LTD)
Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership LimitationMaximum Percentage, applied however with respect to shares of capital stock share registered under the 1934 Act and thereafter receivable upon exercise of this Warrant (or any such other warrant)).
Appears in 1 contract
Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Warrant other than the limitation on exercise prior to the Vesting Date (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership Limitation, applied however with respect to shares of capital stock registered under the 1934 Exchange Act and thereafter receivable upon exercise of this Warrant (or any such other warrant)).
Appears in 1 contract
Application. The provisions of this Section 4 shall apply similarly and equally to successive Fundamental Transactions and Corporate Events and shall be applied as if this Warrant (and any such subsequent warrants) were fully exercisable and without regard to any limitations on the exercise of this Warrant (provided that the Holder shall continue to be entitled to the benefit of the Beneficial Ownership Limitation, applied however with respect to shares of capital stock registered under the 1934 Act and thereafter receivable upon exercise of this Warrant (or any such other warrant))...
Appears in 1 contract