Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exercise, the Company shall promptly deliver to the Holder the number of Warrant Shares that are not disputed.
Appears in 207 contracts
Samples: Warrant Agency Agreement (Nuwellis, Inc.), Warrant Agent Agreement (Guardion Health Sciences, Inc.), Warrant Agent Agreement (VerifyMe, Inc.)
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseShares, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputeddisputed and resolve such dispute in accordance with Section 12.
Appears in 129 contracts
Samples: Purchase Agreement (COPsync, Inc.), Preferred Stock Purchase Agreement (ImmunoCellular Therapeutics, Ltd.), Underwriting Agreement (Intellipharmaceutics International Inc.)
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseShares, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputeddisputed and resolve such dispute in accordance with Section 11.
Appears in 118 contracts
Samples: Form of Warrant Agency Agreement (Advaxis, Inc.), Securities Purchase Agreement (Tellurian Inc. /De/), Equity Underwriting Agreement (Scynexis Inc)
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseShares, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputed.
Appears in 92 contracts
Samples: Assumption Agreement (Rainmaker Systems Inc), Warrant Agreement (American Superconductor Corp /De/), Note and Warrant Purchase Agreement (Amicus Therapeutics Inc)
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseto be issued pursuant to the terms hereof, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputeddisputed and resolve such dispute in accordance with Section 13.
Appears in 92 contracts
Samples: Warrant Agent Agreement (Intensity Therapeutics, Inc.), Underwriting Agreement (Ekso Bionics Holdings, Inc.), Warrant Agent Agreement (Direct Digital Holdings, Inc.)
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseShares, the Company shall promptly deliver issue to the Holder registered holder the number of Warrant Shares that are not disputed.
Appears in 88 contracts
Samples: Warrant Agency Agreement (Medovex Corp.), Warrant Agreement (Vislink Technologies, Inc.), Warrant Agency Agreement (Giggles N' Hugs, Inc.)
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseto be issued pursuant to the terms hereof, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputeddisputed and resolve such dispute in accordance with Section 14.
Appears in 51 contracts
Samples: Warrant Agent Agreement (eFleets Corp), Warrant and Warrant (Aptorum Group LTD), These Warrants And (iPower Inc.)
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseShares, the Company shall promptly deliver issue to the Holder applicable Holders the number of Warrant Shares that are not disputed.
Appears in 30 contracts
Samples: Form of Warrant Agreement (Galectin Therapeutics Inc), Warrant Agency Agreement (xG TECHNOLOGY, INC.), Warrant Agency Agreement (Eyegate Pharmaceuticals Inc)
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseShares, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputeddisputed and resolve such dispute in accordance with Section 13.
Appears in 28 contracts
Samples: Letter Agreement (Hutchinson Technology Inc), Warrant Issuance Agreement (Builders FirstSource, Inc.), Securities Purchase Agreement (A-Power Energy Generation Systems, Ltd.)
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseto be issued pursuant to the terms hereof, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputeddisputed and resolve such dispute in accordance with Section 12.
Appears in 20 contracts
Samples: Presto Automation Inc., Presto Automation Inc., Presto Automation Inc.
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseto be issued pursuant to the terms hereof, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputeddisputed and resolve such dispute in accordance with Section β12.
Appears in 16 contracts
Samples: Presto Automation Inc., Presto Automation Inc., Presto Automation Inc.
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseShares, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputeddisputed and resolve such dispute in accordance with Section 16.
Appears in 14 contracts
Samples: Program Related Investment Agreement (Corbus Pharmaceuticals Holdings, Inc.), Securities Purchase Agreement (Matinas BioPharma Holdings, Inc.), Securities Purchase Agreement (Matinas BioPharma Holdings, Inc.)
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseShares, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputeddisputed and resolve such dispute in accordance with Section 10 hereof.
Appears in 9 contracts
Samples: Subscription Agreement (Grove Collaborative Holdings, Inc.), Grove Collaborative Holdings, Inc., AgileThought, Inc.
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseShares, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputeddisputed and resolve such dispute in accordance with Section 10.
Appears in 8 contracts
Samples: Personal and Confidential (Taronis Technologies, Inc.), Underwriting Agreement (OptiNose, Inc.), Loan Agreement (Heatwurx, Inc.)
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Preferred Warrant Shares issuable in connection with any exercise, the Company shall promptly deliver to the Holder the number of Preferred Warrant Shares that are not disputed.
Appears in 8 contracts
Samples: Warrant Agency Agreement (Wisa Technologies, Inc.), Warrant Agency Agreement (Biolase, Inc), Warrant Agency Agreement (Wisa Technologies, Inc.)
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseto be issued pursuant to the terms hereof, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputeddisputed pending resolution of such dispute.
Appears in 6 contracts
Samples: Credit Agreement (Clayton Williams Energy Inc /De), Credit Agreement (Clayton Williams Energy Inc /De), Securities Purchase Agreement (LSB Industries Inc)
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseShares, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputeddisputed and resolve such dispute in accordance with Section 9.
Appears in 4 contracts
Samples: Investment Agreement (Easterly Acquisition Corp.), Voting Agreement (Idera Pharmaceuticals, Inc.), Registration Rights Agreement (Bellicum Pharmaceuticals, Inc)
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseShares, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputed.. (e)
Appears in 4 contracts
Samples: Subscription Agreement (Genocea Biosciences, Inc.), Securities Purchase Agreement (Genocea Biosciences, Inc.), Genocea Biosciences, Inc.
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseShares, the Company shall promptly deliver issue to the Registered Holder the number of Warrant Shares that are not disputed.
Appears in 4 contracts
Samples: Warrant Agreement (Ampco Pittsburgh Corp), Warrant Agreement (Ampco Pittsburgh Corp), Warrant Agency Agreement (Accelerate Diagnostics, Inc)
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseto be issued pursuant to the terms hereof, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputeddisputed and resolve such dispute in good faith.
Appears in 4 contracts
Samples: CorMedix Inc., CorMedix Inc., CorMedix Inc.
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseShares, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputeddisputed in accordance with the delivery obligations set forth in this Warrant.
Appears in 4 contracts
Samples: Underwriting Agreement (Oncogenex Pharmaceuticals, Inc.), Underwriting Agreement (Sunesis Pharmaceuticals Inc), XOMA Corp
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseShares, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputeddisputed and resolve such dispute in accordance with Section 8.17.
Appears in 4 contracts
Samples: Warrant Agreement (Medlab Clinical Ltd.), Warrant Agreement (Vislink Technologies, Inc.), Warrant Agreement (Vislink Technologies, Inc.)
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseShares, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputeddisputed and resolve such dispute in accordance with Section 15.
Appears in 3 contracts
Samples: Placement Agency Agreement (Invivo Therapeutics Holdings Corp.), Strategic Alliance Agreement (Elite Pharmaceuticals Inc /De/), Form of Securities Purchase Agreement (Invivo Therapeutics Holdings Corp.)
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with upon any exerciseexercise of this Warrant, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputed.
Appears in 3 contracts
Samples: Agreement Regarding Additional Warrants (Olb Group, Inc.), Loan and Security Agreement (Olb Group, Inc.), Warrant (Olb Group, Inc.)
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseShares, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputeddisputed and resolve such dispute thereafter.
Appears in 2 contracts
Samples: A Note Purchase Agreement (Blue Coat Systems Inc), A Note Purchase Agreement (Blue Coat Systems Inc)
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseShares, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputeddisputed and resolve such dispute in accordance with the Subscription Agreement.
Appears in 2 contracts
Samples: Larkspur Health Acquisition Corp., Larkspur Health Acquisition Corp.
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Public Warrant Shares issuable in connection with any exercise, the Company shall promptly deliver to the Holder the number of Public Warrant Shares that are not disputed.
Appears in 2 contracts
Samples: Warrant Agent Agreement (CW Petroleum Corp), Warrant Agent Agreement (CW Petroleum Corp)
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exercise, the Company shall promptly deliver to the Holder the number of Warrant Shares that are not disputed.. Warrant Agency Agreement
Appears in 1 contract
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseShares, the Company shall promptly deliver issue to the Holder the number of Warrant Shares Shares, if any, that are not disputed.
Appears in 1 contract
Samples: Savient Pharmaceuticals Inc
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseShares, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputeddisputed and resolve such dispute in accordance with the terms of this Warrant.
Appears in 1 contract
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseShares, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputeddisputed and resolve such dispute in accordance with terms herein.
Appears in 1 contract
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseShares, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputed.disputed in accordance with the delivery obligations set forth in this Warrant. Exhibit A
Appears in 1 contract
Samples: Payment Restructuring Agreement (Windtree Therapeutics Inc /De/)
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exercise, cashless or otherwise, the Company shall promptly deliver to the Holder the number of Warrant Shares that are not disputed.
Appears in 1 contract
Samples: Warrant Agent Agreement (BriaCell Therapeutics Corp.)
Disputes. In the case of a dispute as to the determination of the -------- Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseShares, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputed.
Appears in 1 contract
Disputes. In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exerciseShares, the Company shall promptly deliver issue to the Holder the number of Warrant Shares that are not disputeddisputed and resolve such dispute in accordance with the procedures set forth in the Subscription Agreement.
Appears in 1 contract
