Commitment Warrant. (a) In consideration for the Backstop Commitment, and contingent upon closing the Rights Offering (but regardless of whether all or any portion of the Backstop Commitment is funded), the Company will issue to the Backstop Investor the right to purchase a minimum of 750,000 shares of Common Stock (the “Commitment Warrant”). The Commitment Warrant will have an exercise price equal to $1.50 , will have a term of five (5) years and will not be exercisable for a period of 180 days of the date of this Agreement. The Commitment Warrant will otherwise be substantially in the form of warrants issued by the Company to the Backstop Investor pursuant to the Warrant Exercise Agreement. The form of Commitment Warrant is attached hereto as Exhibit A and incorporated herein by this reference. (b) In the event the Backstop Investor determines, in its sole discretion, to fund more than $6 million pursuant to this Agreement, as determined by the Backstop Investor in its sole discretion, the Company will increase the Commitment Warrant Shares by that number of shares equal to 12.5% of funding amount in excess of $6 million.
Appears in 1 contract
Commitment Warrant. (a) In consideration for the Backstop Commitment, and contingent upon closing the Rights Offering (but regardless of whether all or any portion of the Backstop Commitment is funded), the Company will issue to the Backstop Investor the right to purchase a minimum of 750,000 shares of Common Stock (the “Commitment Warrant”). The Commitment Warrant will have an exercise price equal to $1.50 [ ], will have a term of five (5) years and will not be exercisable for a period of 180 days of the date of this Agreement. The Commitment Warrant will otherwise be substantially in the form of warrants issued by the Company to the Backstop Investor pursuant to the Warrant Exercise Agreement. The form of Commitment Warrant is attached hereto as Exhibit A and incorporated herein by this reference.
(b) In the event the Backstop Investor determines, in its sole discretion, to fund more than $6 million pursuant to this Agreement, as determined by the Backstop Investor in its sole discretion, the Company will increase the Commitment Warrant Shares by that number of shares equal to 12.5% of funding amount in excess of $6 million.
Appears in 1 contract
Commitment Warrant. (a) In consideration for the Backstop Commitment, and contingent upon closing the Rights Offering (but regardless of whether all or any portion of the Backstop Commitment is funded), the Company will issue to the Backstop Investor the right to purchase a minimum of 750,000 shares of Common Stock (the “Commitment Warrant”). The Commitment Warrant will have an exercise price equal to $1.50 1.50, will have a term of five (5) years and will not be exercisable for a period of 180 days of the date of this Agreement. The Commitment Warrant will otherwise be substantially in the form of warrants issued by the Company to the Backstop Investor pursuant to the Warrant Exercise Agreement. The form of Commitment Warrant is attached hereto as Exhibit A and incorporated herein by this reference.
(b) In the event the Backstop Investor determines, in its sole discretion, to fund more than $6 million pursuant to this Agreement, as determined by the Backstop Investor in its sole discretion, the Company will increase the Commitment Warrant Shares by that number of shares equal to 12.5% of funding amount in excess of $6 million.
Appears in 1 contract