Common use of Elimination of Fractional Interests Clause in Contracts

Elimination of Fractional Interests. The Company shall not be required upon the exercise of this Warrant to issue stock certificates representing fractions of shares of Common Stock, but shall instead pay in cash, in lieu of any fractional share of Common Stock to which such holder would be entitled if such fractional share were issuable, in an amount equal to the fair market value of a share of Common Stock as of the date of such exercise.

Appears in 14 contracts

Samples: Complete Wellness Centers Inc, Complete Wellness Centers Inc, Complete Wellness Centers Inc

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Elimination of Fractional Interests. The Company shall not be required upon the exercise of this Warrant to issue stock certificates representing fractions of shares of Common Stock, but Stock upon the exercise of the Warrants. The Company shall instead pay have the option to make payment in cash, cash in lieu respect of any fractional share shares or to round any fraction up to the nearest whole number of shares of Common Stock to which such holder would be entitled if such fractional share were issuable, in an amount equal to the fair market value of a share of Common Stock as of the date of such exerciseStock.

Appears in 9 contracts

Samples: Stock Purchase Agreement (Ac Humko Corp), Warrant Agreement (Bionutrics Inc), Warrant Agreement (Bionutrics Inc)

Elimination of Fractional Interests. The Company shall not be required upon the exercise of this Warrant to issue stock certificates representing fractions of shares of Common Stock, but shall instead pay in cash, in lieu of any fractional share shares of Common Stock to which such holder would otherwise be entitled if such fractional share shares were issuable, in an amount equal to the fair market value of a Fair Market Value per share of Common Stock as of the date of such exercise.

Appears in 5 contracts

Samples: Transfer Restriction Agreement (Telebanc Financial Corp), Warrant (Mortgage Com Inc), Mortgage Com Inc

Elimination of Fractional Interests. The Company shall not be required upon the exercise of this Warrant to issue stock certificates representing fractions of shares of Common StockStock upon the exercise of the Warrants, but instead shall instead pay in cash, cash in lieu of any fractional share of Common Stock to which such holder would be entitled if such fractional share were issuable, in an amount equal interests to the fair market value Holders entitled thereto based on the Fair Market Value of a share of the Common Stock as determined in good faith by the Board of Directors of the date of such exerciseCompany.

Appears in 4 contracts

Samples: Placement Agent Warrant Agreement (Zymetx Inc), Placement Agent Warrant Agreement (Zymetx Inc), Warrant Agreement (Kimberlin Kevin)

Elimination of Fractional Interests. The Company shall not be required upon the exercise of this Warrant to issue stock certificates representing fractions of shares of Common Stock, but shall instead pay in cash, in lieu of any fractional share of Common Stock to which such holder would be entitled if such fractional share were issuable, in an amount equal to the fair market book value of a share of Common Stock as of the date of such exercisethe Company's most recent financial statement filed with the Securities and Exchange Commission, or quarterly statement, as the case may be, if the Company is no longer reporting to the Securities and Exchange Commission.

Appears in 4 contracts

Samples: Resource Capital Group Inc, Resource Capital Group Inc, Resource Capital Group Inc

Elimination of Fractional Interests. The Company shall not be required upon the exercise of this Warrant to issue stock certificates representing fractions of shares of Common Stock, but shall instead pay in cash, in lieu of any fractional share of Common Stock to which such holder Holder would be entitled if such fractional share were issuable, in an amount equal to the fair market value of a share of Common Stock as of the date of such exercise.

Appears in 4 contracts

Samples: Warren Resources Inc, Warren Resources Inc, Warren Resources Inc

Elimination of Fractional Interests. The Company shall not be required upon the exercise of this Warrant to issue stock certificates representing fractions of shares of Common Stock, but shall instead pay in cash, Stock upon the exercise of any Warrant and in lieu thereof shall pay to the Holder of any fractional share of Common Stock to which such holder would be entitled if such fractional share were issuable, in Warrant an amount in cash (computed to the nearest cent) equal to the fair market value of a share of Common Stock as of the date current Market Value of such exercisefractional interest.

Appears in 2 contracts

Samples: Warrant Agreement (New West Eyeworks Inc), Warrant Agreement (New West Eyeworks Inc)

Elimination of Fractional Interests. The Company shall not be required upon the exercise of this Warrant to issue stock certificates representing fractions of shares of Common StockStock on the exercise of the Warrants, but nor shall instead it be required to pay in cash, cash in lieu of fractional interests, it being the intent of all the parties that all fractional interests shall be eliminated by rounding any fractional share fraction equal to or greater than one-half up to the nearest whole number of shares of Common Stock to which such holder would be entitled if such fractional share were issuable, in an amount equal and by rounding any fraction less than one-half down to the fair market value nearest whole number of a share shares of Common Stock as of the date of such exerciseStock.

Appears in 2 contracts

Samples: Voxware Inc, Voxware Inc

Elimination of Fractional Interests. The Company shall not be required upon the exercise of this Warrant to issue stock certificates representing fractions of shares of Common StockStock upon the exercise of the Representative's Warrants, but instead shall instead pay in cash, cash in lieu of any fractional share of Common Stock to which such holder would be entitled if such fractional share were issuableinterests, in an amount equal to based on the fair market value of a share of Common Stock as of the date of such exerciseStock.

Appears in 2 contracts

Samples: Warrant Agreement (Apollo Biopharmaceutics Inc), Warrant Agreement (Us Golf & Entertainment Inc)

Elimination of Fractional Interests. The Company shall not be required upon the exercise of this Warrant to issue stock certificates representing fractions of shares of Series A Preferred Stock, Public Warrants or Common Stock issuable upon conversion or exercise, respectively, of the Series A Preferred Stock or Public Warrants, it being the intent of the parties that all fractional interests shall be eliminated by rounding any fraction up to the nearest whole number of shares of Series A Preferred Stock, Public Warrants or Common Stock, but shall instead pay in cashas the case may be, in lieu of any fractional share of Common Stock to which such holder would be entitled if such fractional share were issuableor other securities, in an amount equal to the fair market value of a share of Common Stock as of the date of such exerciseproperties or rights.

Appears in 1 contract

Samples: Warrant Agreement (Eldorado Artesian Springs Inc)

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Elimination of Fractional Interests. The Company shall not be required upon the exercise of this Warrant to issue stock certificates representing fractions of shares of Common Stock, but shall instead pay in cash, in lieu of any fractional share tractional shares of Common Stock to which such holder would otherwise be entitled if such fractional share shares were issuable, in an amount equal to the fair market value of a Fair Market Value per share of Common Stock as of the date of such exercise.

Appears in 1 contract

Samples: Warrant (Mortgage Com Inc)

Elimination of Fractional Interests. The Company shall not be required upon the exercise of this Warrant to issue stock certificates representing fractions of shares snares of Common Stock, but shall instead pay in cash, in lieu of any fractional share of Common Stock to which such holder would be entitled if such fractional share shares were issuable, in an amount equal to the fair market value of a share of Common Stock as of the date of such exercise.

Appears in 1 contract

Samples: Warrant Agreement (Worldwater Corp)

Elimination of Fractional Interests. The Company shall not be ----------------------------------- required upon the exercise of this Warrant to issue stock certificates representing fractions of shares of Common StockStock upon the exercise of the Warrants, but instead shall instead pay in cash, cash in lieu of any fractional share of Common Stock to which such holder would be entitled if such fractional share were issuable, in an amount equal interests to the fair market value Holders entitled thereto based on the Fair Market Value of a share of the Common Stock as determined m good faith by the Board of Directors of the date of such exerciseCompany.

Appears in 1 contract

Samples: Placement Agent Warrant Agreement (Careside Inc)

Elimination of Fractional Interests. The Company shall not be required upon the exercise of this Warrant to issue stock certificates representing fractions of shares of Common StockStock upon the exercise of the Warrants, but instead shall instead pay in cash, cash in lieu of any fractional share of Common Stock to which such holder would be entitled if such fractional share were issuableinterests, in an amount equal to based on the fair market value of a share of Common Stock as of the date of such exerciseStock.

Appears in 1 contract

Samples: 'S Warrant Agreement (Brunswick Technologies Inc)

Elimination of Fractional Interests. The Company shall not be required upon the exercise of this Contingent Warrant to issue stock certificates representing fractions of shares of Common Stock, but shall instead pay in cash, in lieu of any fractional share shares of Common Stock to which such holder would otherwise be entitled if such fractional share shares were issuable, in an amount equal to the fair market value of a Fair Market Value per share of Common Stock as of the date of such exercise.

Appears in 1 contract

Samples: Transfer Restriction Agreement (Telebanc Financial Corp)

Elimination of Fractional Interests. The Company shall not be required upon the exercise of this Warrant to issue stock certificates representing fractions of shares of Common StockStock upon the exercise of the Representatives' Warrants, but instead shall instead pay in cash, cash in lieu of any fractional share of Common Stock to which such holder would be entitled if such fractional share were issuableinterests, in an amount equal to based on the fair market value of a share of Common Stock as of the date of such exerciseStock.

Appears in 1 contract

Samples: Warrant Agreement (Apollo Biopharmaceutics Inc)

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