Common use of Exercise Agreement Clause in Contracts

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall be substantially in the form set forth in Exhibit I hereto, except that if the shares of Common Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person to whom the certificates for the shares of Common Stock are to be issued, and if the number of shares of Common Stock to be issued does not include all the shares of Common Stock purchasable hereunder, it shall also state the name of the Person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.

Appears in 9 contracts

Sources: Company Warrant Agreement (Rackable Systems, Inc.), Warrant Purchase and Registration Agreement (Akorn Inc), Merger Agreement (San Holdings Inc)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall be substantially in the form set forth in of Exhibit I B attached hereto, except that if the any shares of Common Warrant Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person to whom the certificates for the such shares of Common Warrant Stock are to be issued, and if the number of shares of Common Warrant Stock to be issued does not include all the shares of Common Warrant Stock purchasable hereunder, it shall also state the name of the Person Person(s) to whom a new Warrant Warrant(s) for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.

Appears in 6 contracts

Sources: Stock Purchase Warrant (Netlist Inc), Stock Purchase Warrant (Netlist Inc), Stock Purchase Warrant (Netlist Inc)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall be substantially in the form set forth in Exhibit I heretoII (the "EXERCISE AGREEMENT"), except that if the shares of Common Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person to whom the certificates for the shares of Common Stock are to be issued, and if the number of shares of Common Stock to be issued does not include all the shares of Common Stock purchasable hereunder, it shall also state the name of the Person to whom a new Warrant for the unexercised portion of the purchase rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.

Appears in 5 contracts

Sources: Warrant Agreement (Goldman Sachs Group Inc/), Warrant Agreement (Donnelley R H Inc), Warrant Agreement (Goldman Sachs Group Inc/)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall will be substantially in the form set forth in Exhibit I hereto, except that if the shares of Common Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall will also state the name of the Person to whom the certificates for the shares of Common Stock are to be issued, and if the number of shares of Common Stock to be issued does not include all the shares of Common Stock purchasable hereunder, it shall will also state the name of the Person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall will be dated the actual date of execution thereof.

Appears in 5 contracts

Sources: Warrant Agreement (American Capital Strategies LTD), Warrant Agreement (O2wireless Solutions Inc), Warrant Agreement (Corrpro Companies Inc /Oh/)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall be substantially in the form set forth in Exhibit Annex I hereto, except that if the shares of Common Warrant Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person to whom the certificates for the shares of Common Warrant Stock are to be issued, and if the number of shares of Common Warrant Stock to be issued does not include all the shares of Common Warrant Stock purchasable hereunder, it shall also state the name of the Person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.

Appears in 4 contracts

Sources: Warrant Agreement (Zam Holdings L P), Securities Purchase Agreement (United Heritage Corp), Securities Purchase Agreement (Lothian Oil Inc)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall be substantially in the form set forth in Exhibit I hereto, except that if the shares of Common Stock Shares are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person to whom the certificates for the shares of Common Stock Shares are to be issued, and if the number of shares of Common Stock Shares to be issued does not include all the shares of Common Stock Shares purchasable hereunder, it shall also state the name of the Person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.

Appears in 4 contracts

Sources: Warrant Agreement (Prime Group Realty Trust), Warrant Agreement (Prime Group Realty Trust), Warrant Agreement (Prime Group Realty Trust)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall be substantially in the form set forth in Exhibit I hereto, except that if the shares of Common Stock are not to be issued in the name of the Person person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person person to whom the certificates for the shares of Common Stock are to be issued, and if the number of shares of Common Stock to be issued does not include all the shares of Common Stock purchasable hereunder, it shall also state the name of the Person person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.

Appears in 4 contracts

Sources: Post Closing Funding Agreement (Mackie Designs Inc), Stock Purchase Warrant (Mackie Designs Inc), Stock Purchase Warrant (Mackie Designs Inc)

Exercise Agreement. Upon any exercise of this Warrant, the ------------------- Exercise Agreement shall be substantially in the form set forth in Exhibit I --------- hereto, except that if the shares of Common Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person to whom the certificates for the shares of Common Stock are to be issued, and if the number of shares of Common Stock to be issued does not include all the shares of Common Stock purchasable hereunder, it shall also state the name of the Person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.

Appears in 4 contracts

Sources: Note and Warrant Purchase Agreement (Pointe Communications Corp), Note and Warrant Purchase Agreement (Pointe Communications Corp), Stock Purchase Warrant (Charys Holding Co Inc)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall be substantially in the form set forth in either Exhibit I or Exhibit II attached hereto, except that if the shares of Common Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person to whom the certificates for the shares of Common Stock are to be issued, and if the number of shares of Common Stock to be issued does not include all the shares of Common Stock purchasable hereunder, it shall also state the name of the Person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.

Appears in 4 contracts

Sources: Warrant Agreement (Neoprobe Corp), Financial Advisory and Investment Banking Agreement (Diomed Holdings Inc), Warrant Agreement (Neoprobe Corp)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall be substantially in the form set forth in Exhibit EXHIBIT I hereto, except that if the shares of Common Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person to whom the certificates for the shares of Common Stock are to be issued, and if the number of shares of Common Stock to be issued does not include all the shares of Common Stock purchasable hereunder, it shall also state the name of the Person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.

Appears in 3 contracts

Sources: Warrant Agreement (Sandler Capital Management), Senior Subordinated Note, Preferred Stock and Warrant Purchase Agreement (Zimmerman Sign Co), Senior Subordinated Note, Preferred Stock and Warrant Purchase Agreement (Zimmerman Sign Co)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall be substantially in the form set forth in Exhibit I II hereto, except that if the shares of Common Stock are not to be issued in the name of the Person person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person person to whom the certificates for the shares of Common Stock are to be issued, and if the number of shares of Common Stock to be issued does not include all the shares of Common Stock purchasable hereunder, it shall also state the name of the Person permitted person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.

Appears in 3 contracts

Sources: Warrant Agreement (Boston Chicken Inc), Warrant Purchase Agreement (Boston Chicken Inc), Warrant Agreement (Boston Chicken Inc)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall be substantially in the form set forth in Exhibit I hereto, except that if the shares of Common Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person to whom the certificates for the shares of Common Stock are to be issued, and if the number of shares of Common Stock with respect to be issued which this Warrant is exercised does not include all the shares of Common Stock purchasable hereunder, it shall also state the name of the Person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.

Appears in 3 contracts

Sources: Stock Warrant Purchase Agreement (Kv Pharmaceutical Co /De/), Stock Warrant Purchase Agreement (Kv Pharmaceutical Co /De/), Stock Warrant Purchase Agreement (Kv Pharmaceutical Co /De/)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall will be substantially in the form set forth in Exhibit I hereto, except that if the shares of Common Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall will also state the name of the Person to whom the certificates for the shares of Common Stock are to be issued, and if the number of shares of Common Stock to be issued does not include all the shares of Common Stock purchasable hereunder, it shall will also state the name of the Person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall will be dated the actual date of execution thereof.. 1C.

Appears in 2 contracts

Sources: Warrant Agreement (Middleby Corp), Equity Purchase Agreement (Middleby Corp)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall be substantially in the form set forth in Exhibit I EXHIBIT II hereto, except that if the shares of Common Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person to whom the certificates for the shares of Common Stock are to be issued, and if the number of shares of Common Stock to be issued does not include all the shares of Common Stock purchasable hereunder, it shall also state the name of the Person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Lifecell Corp), Stock Purchase Warrant (Lifecell Corp)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall be substantially in the form set forth in Exhibit I heretoII (the “Exercise Agreement”), except that if the shares of Common Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person to whom the certificates for the shares of Common Stock are to be issued, and if the number of shares of Common Stock to be issued does not include all the shares of Common Stock purchasable hereunder, it shall also state the name of the Person to whom a new Warrant for the unexercised portion of the purchase rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.

Appears in 2 contracts

Sources: Stock Purchase Warrant (R H Donnelley Corp), Stock Purchase Warrant (R H Donnelley Corp)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall will be substantially in the form set forth in Exhibit EXHIBIT I hereto, except that if the shares of Common Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall will also state the name and address of the Person to whom the certificates for the shares of Common Stock are to be issued, and if the number of shares of Common Stock to be issued does not include all the shares of Common Stock purchasable hereunder, it shall will also state the name and address of the Person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivereddelivered and will be accompanied by an assignment in the form set forth in EXHIBIT II. Such Exercise Agreement shall will be dated the actual date of execution thereof.

Appears in 2 contracts

Sources: Warrant Agreement (Cornell Companies Inc), Warrant Agreement (Cornell Companies Inc)

Exercise Agreement. Upon any exercise of this Warrant, the ------------------ Exercise Agreement shall be substantially in the form set forth in Exhibit I --------- hereto, except that if the shares of Common Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person to whom the certificates for the shares of Common Stock are to be issued, and if the number of shares of Common Stock to be issued does not include all the shares of Common Stock purchasable hereunder, it shall also state the name of the Person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.

Appears in 2 contracts

Sources: Common Stock Purchase Warrant (Ijnt Net Inc), Warrant Agreement (Novastar Financial Inc)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall be substantially in the form set forth in Exhibit I B hereto, except that if the shares of Common Warrant Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person to whom the certificates for the shares of Common Warrant Stock are to be issued, and if the number of shares of Common Warrant Stock to be issued does not include all the shares of Common Warrant Stock purchasable hereunder, it shall also state the name of the Person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.

Appears in 1 contract

Sources: Note and Warrant Purchase Agreement (Morton Industrial Group Inc)

Exercise Agreement. Upon any exercise of this Warrant, ------------------- the Exercise Agreement shall be substantially in the form set forth in Exhibit I --------- hereto, except that if the shares of Common Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person to whom the certificates for the shares of Common Stock are to be issued, and if the number of shares of Common Stock to be issued does not include all the shares of Common Stock purchasable hereunder, it shall also state the name of the Person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.

Appears in 1 contract

Sources: Note and Warrant Purchase Agreement (Pointe Communications Corp)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall be substantially in the form set forth in Exhibit I A hereto, except ; provided that if the shares of Common Stock are not to be issued in the name of the Person in whose name this Warrant is registered, then the Exercise Agreement shall also state the name of the Person to whom the certificates for the shares of Common Stock are to be issued, and ; provided further that if the number of shares of Common Stock to be issued does not include all the shares of Common Stock purchasable hereunder, it then the Exercise Agreement shall also state the name of the Person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.

Appears in 1 contract

Sources: Common Stock Purchase Warrant (M/a-Com Technology Solutions Holdings, Inc.)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall be substantially in the form set forth in Exhibit I hereto, except that if the shares of Common Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person to whom the certificates for the shares of Common Stock are to be issuedissued (which shall be the Registered Holder or an Affiliate thereof, and no other Person), and if the number of shares of Common Stock to be issued does not include all the shares of Common Stock purchasable hereunder, it shall also state the name of the Person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.

Appears in 1 contract

Sources: Note Purchase Agreement (AMCI Acquisition Corp. II)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall be substantially in the form set forth in Exhibit I hereto, --------- except that if the shares of Common Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person to whom the certificates for the shares of Common Stock are to be issued, and if the number of shares of Common Stock to be issued does not include all the shares of Common Stock purchasable hereunder, it shall also state the name of the Person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.

Appears in 1 contract

Sources: Common Stock Purchase Warrant (Cypress Bioscience Inc)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall be substantially in the form set forth in Exhibit I heretoEXHIBIT II (the "EXERCISE AGREEMENT"), except that if the shares of Common Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person to whom the certificates for the shares of Common Stock are to be issued, and if the number of shares of Common Stock to be issued does not include all the shares of Common Stock purchasable hereunder, it shall also state the name of the Person to whom a new Warrant for the unexercised portion of the purchase rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.

Appears in 1 contract

Sources: Stock Purchase Warrant (Donnelley R H Inc)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall be substantially in the form set forth in Exhibit I hereto, except that if the shares of Common Warrant Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person to whom the certificates for the shares of Common Warrant Stock are to be issued, and if the number of shares of Common Warrant Stock to be issued does not include all the shares of Common Warrant Stock purchasable hereunder, it shall also state the name of the Person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.

Appears in 1 contract

Sources: Class B Senior Redeemable Preferred Stock Purchase Agreement (Preferred Networks Inc)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall be substantially in the form set forth in Exhibit EXHIBIT I hereto, except that if the shares of Common Warrant Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person to whom the certificates for the shares of Common Warrant Stock are to be issued, and if the number of shares of Common Warrant Stock to be issued does not include all the shares of Common Warrant Stock purchasable hereunder, it shall also state the name of the Person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof. Section 2. ORGANIC CHANGE; NOTICES

Appears in 1 contract

Sources: Senior Secured Note and Warrant Purchase Agreement (International Wireless Communications Holdings Inc)

Exercise Agreement. Upon any exercise of o this Warrant, the Exercise Agreement shall be substantially in the form set forth in Exhibit Annex I hereto, except that if the shares of Common Warrant Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person to whom the certificates for the shares of Common Warrant Stock are to be issued, and if the number of shares of Common Warrant Stock to be issued does not include all the shares of Common Warrant Stock purchasable hereunder, . it shall also state the name of the Person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.

Appears in 1 contract

Sources: Acquisition Agreement (Empire Minerals Corp)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall be substantially in the form set forth in Exhibit I hereto, except that if the shares of Class D Common Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person to whom the certificates for the shares of Class D Common Stock are to be issued, and if the number of shares of Class D Common Stock to be issued does not include all the shares of Class D Common Stock purchasable hereunder, it shall also state the name of the Person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.

Appears in 1 contract

Sources: Warrant Agreement (Polymer Group Inc)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall be substantially in the form set forth in Exhibit I hereto, except that if the shares of Common Stock are not to be issued in the name of the Person person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person person to whom the certificates for the shares of Common Stock are to be issued, and if the number of shares of Common Stock to be issued does not include all the shares of Common Stock purchasable hereunder, it shall also state the name of the Person person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereof.. 1D.

Appears in 1 contract

Sources: Post Closing Funding Agreement (Mackie Designs Inc)

Exercise Agreement. Upon any exercise of this Warrant, the Exercise Agreement shall be substantially in the form set forth in on Exhibit I II attached hereto, except that if the shares of Common Exercise Stock are not to be issued in the name of the Person in whose name this Warrant is registered, the Exercise Agreement shall also state the name of the Person to whom the certificates for the shares of Common Exercise Stock are to be issued, and if the number of shares of Common the Exercise Stock to be issued does not include all the shares of Common Exercise Stock purchasable hereunder, it the Exercise Agreement shall also state the name of the Person to whom a new Warrant for the unexercised portion of the rights hereunder is to be delivered. Such Exercise Agreement shall be dated the actual date of execution thereofthereof and shall indicate whether the Aggregate Exercise Price is to be paid in cash or on a “net basis”.

Appears in 1 contract

Sources: Warrant Agreement (Sterling Construction Co Inc)