Common use of Deferral of Issuance or Payment Clause in Contracts

Deferral of Issuance or Payment. In any case in which an event covered by this Section 6 shall require that an adjustment in the Exercise Price be made effective as of a record date, the Company may elect to defer until the occurrence of such event (i) issuing to Holder, if this Warrant is exercised after such record date, the shares of Common Stock and other capital stock of the Company, if any, issuable upon such exercise over and above the shares of Common Stock or other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price in effect prior to such adjustment, and (ii) paying to Holder by check any amount in lieu of the issuance of fractional shares pursuant to Section 3.

Appears in 4 contracts

Samples: Common Stock and Warrant Purchase Agreement (Avigen Inc \De), Common Stock and Warrant Purchase Agreement (Avigen Inc \De), Common Stock and Warrant Purchase Agreement (Avigen Inc \De)

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Deferral of Issuance or Payment. In any case in which an event covered by this Section 6 shall require that an adjustment in the Exercise Price be made effective as of a record date, the Company may elect to defer until the occurrence of such event event: (i) issuing to the Holder, if this Warrant is exercised after such record date, the shares of Common Stock and other capital stock of the Company, if any, issuable upon such exercise over and above the shares of Common Stock or other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price in effect prior to such adjustment, ; and (ii) paying to the Holder by check any amount in lieu of the issuance of fractional shares pursuant to Section 3.

Appears in 1 contract

Samples: Agreement (Sunrise Technologies International Inc)

Deferral of Issuance or Payment. In any case in which an event ------------------------------- covered by this Section 6 2A shall require that an adjustment in the Exercise Price be made effective as of a record date or an effective date, the Company may elect to defer until the occurrence consummation of such event (i) issuing to the Registered Holder, if this Warrant is exercised exercisable after such record or effective date, the shares of Common Stock and other capital stock of the Company, if any, issuable upon such exercise over and above the shares of Common Stock or other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price in effect prior to such adjustment, and (ii) paying to the Registered Holder by check any amount in lieu of the issuance of fractional shares pursuant to Section 31B(ii) hereof.

Appears in 1 contract

Samples: Common Stock Warrant Purchase Agreement (Heska Corp)

Deferral of Issuance or Payment. In any case in which an event covered ------------------------------- by this Section 6 shall require that an adjustment in the Exercise Price be made effective as of a record date, the Company may elect to defer until the occurrence of such event by (i) issuing to the Holder, if this Warrant is exercised after such record date, the shares of Common Stock and other capital stock of the Company, if any, issuable upon such exercise over and above the shares of Common Stock or other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price in effect prior to such adjustment, and (ii) paying to the Holder by check any amount in lieu of the issuance of fractional shares pursuant to Section 3.

Appears in 1 contract

Samples: Purchase Agreement (Penn Octane Corp)

Deferral of Issuance or Payment. In any case in which an event ----------------------------------- covered by this Section 6 shall require that an adjustment in the Exercise Price be made effective as of a record date, the Company may elect to defer until the occurrence of such event by (i) issuing to the Holder, if this Warrant is exercised after such record date, the shares of Common Stock and other capital stock of the Company, if any, issuable upon such exercise over and above the shares of Common Stock or other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price in effect prior to such adjustment, and (ii) paying to the Holder by check any amount in lieu of the issuance of fractional shares pursuant to Section 3.

Appears in 1 contract

Samples: Penn Octane Corp

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Deferral of Issuance or Payment. In any case in which an event covered by this Section 6 3 shall require that an adjustment in the Exercise Price be made effective as of a record date, the Company may elect to defer until the occurrence of such event (i) issuing to the Holder, if this Warrant is exercised after such record date, the shares of Common Stock and other capital stock of the Company, if any, issuable upon such exercise over and above the shares of Common Stock or other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price in effect prior to such adjustment, and (ii) paying to the Holder by check any amount in lieu of the issuance of fractional shares pursuant to Section 37.

Appears in 1 contract

Samples: Warrant Purchase Agreement (Air South Airlines Inc)

Deferral of Issuance or Payment. In any case in which an event covered by this Section 6 5 shall require that an adjustment in the Exercise Price be made effective as of a record date, the Company may elect to defer until the occurrence of such event (i) issuing to Holder, if this Warrant is exercised after such record date, the shares of Common Stock Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the shares of Common Stock Warrant Shares or other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Price in effect prior to such adjustment, and (ii) paying to Holder by check any amount in lieu of the issuance of fractional shares pursuant to Section 3.

Appears in 1 contract

Samples: Credit Agreement (Internap Network Services Corp/Wa)

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