Exercise of Original Warrants Sample Clauses

Exercise of Original Warrants. (a) The Company and the Holder hereby agree that the Holder shall immediately exercise the Original Warrants with respect to the number of Warrant Shares set forth on the Holder's signature page hereto at the exercise price per share equal to $2.65, pursuant to the terms of the Original Warrants (the “Warrant Exercise”). Notwithstanding anything herein to the contrary, in the event that the Warrant Exercise would otherwise cause the Holder to exceed the beneficial ownership limitation (the “Beneficial Ownership Limitation”) in the Original Warrants, the Company shall only issue such number of Warrant Shares to the Holder (as instructed in writing by the Holder) that would not cause such Holder to exceed the maximum number of Warrant Shares permitted thereunder with the balance to be held in abeyance until the balance (or portion thereof) may be issued in compliance with such beneficial ownership limitations. Holder shall provide written notice to the Company promptly when any additional Warrant Shares may be issued in compliance with the Beneficial Ownership Limitation. The balance of the Warrant Shares shall promptly be issued when the Holder provides notice that the Holder holds less than the Beneficial Ownership Limitation.
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Exercise of Original Warrants a) The Company and the Holder hereby agree that the Holder shall immediately exercise (i) the September 2019 Warrants with respect to the number of Warrant Shares set forth on the Holder's signature page hereto at an exercise price per share equal to $0.77 per share, and (ii) the March 2018 Warrants with respect to the number of Warrant Shares set forth on the Holder’s signature page hereto at an exercise price per share equal to $1.02 per share, pursuant to the terms of the Original Warrants (the “Warrant Exercise”). Notwithstanding anything herein to the contrary, in the event that the Warrant Exercise would otherwise cause the Holder to exceed the beneficial ownership limitation (the “Beneficial Ownership Limitation”) as provided in Section 4.12 hereto, the Company shall only transfer such number of Warrant Shares to the Holder (as instructed in writing by the Holder) that would not cause such Holder to exceed the maximum number of Warrant Shares permitted thereunder with the balance to be held in abeyance, which abeyance shall be evidenced through the Original Warrants which shall be deemed prepaid thereafter, and exercised pursuant to a Notice of Exercise in the Original Warrant (provided no additional exercise shall be payable) until the balance (or portion thereof) may be transferred to the Holder (and deemed to be issued and outstanding by the Company) in compliance with such Beneficial Ownership Limitations and, for the avoidance of doubt, the Warrant Shares that are held in abeyance shall not be transferred to the Holder until such time, if ever, as its right thereto would not result in the Holder exceeding the Beneficial Ownership Limitation. Holder shall provide written notice to the Company promptly when any additional Warrant Shares may be transferred to the Holder in compliance with the Beneficial Ownership Limitation. The balance of the Warrant Shares shall be transferred to the Holder when the Holder provides notice that the Holder holds less than the Beneficial Ownership Limitation via The Depository Trust Company Deposit or Withdrawal at Custodian system (“DWAC”) no later than 10:00 a.m., EST, on the 2nd Trading Day following the date of such notice. For the avoidance of doubt, the Warrant Shares held in abeyance pursuant to this Section 2.1 shall not be included in the number of shares of Common Stock reported to be outstanding by the Company in its SEC Reports.
Exercise of Original Warrants. The Holder agrees to remit to the Company by wire transfer to the account indicated on the signature page hereof, not later than May 25, 2012, the full exercise price (the “Exercise Price”) of the Early Exercise Shares and to simultaneously deliver to the Company the duly completed Warrant Subscription Notice appearing as Exhibit A to the Original Warrants.
Exercise of Original Warrants. (a) The Company and the Holder hereby agree that the Holder shall immediately exercise the Original Warrants with respect to 5,000,000 Warrant Shares at an exercise price per share equal to $0.26 per share, pursuant to the terms of the Original Warrants (the “Warrant Exercise”), and the exercise price of all of (i) the Original Warrants and (ii) the January 2022 Warrants, is hereby reduced to $0.26. The expiration date of the Original Warrants is hereby extended to May 3, 2029 and the expiration date of the January 2022 Warrants is hereby extended to July 28, 2029. The Holder agrees to vote the Warrant Shares issuable pursuant to the Warrant Exercise in favor of a reverse split of the Company’s common stock and agrees that it will not sell, transfer, or assign any of such Warrant Shares prior to such vote.
Exercise of Original Warrants. (a) The Company and the Holder hereby agree that the Holder shall immediately exercise the Original Warrants with respect to the number of Total Issuable Warrant Shares set forth on the Holder’s signature page hereto at an exercise price per share equal to $0.02, pursuant to the terms of the Original Warrants (the “Warrant Exercise”). Notwithstanding the foregoing, (i) in the event that the Warrant Exercise would cause the Holder to exceed the Beneficial Ownership Limitation or the Issuable Maximum, the Company shall only issue such number of Warrant Shares to the Holder that would not cause such Holder to exceed the maximum number of Warrant Shares permitted thereunder, and (ii) to the extent that the Total Issuable Warrant Shares may not be issued pursuant to the Beneficial Ownership Limitation and the Issuable Maximum, the Company shall issue the Holder Series F Warrants to purchase that number of shares of Common Stock equal to the difference between the Total Issuable Warrant Shares and the actual number of Warrant Shares issued to the Holder hereunder. Upon the occurrence of the Warrant Exercise and/or issuance of the Series F Warrants pursuant to this Section 2.1(a), the Original Warrants shall be cancelled and such cancellation shall be reflected accordingly on the Warrant Register.
Exercise of Original Warrants 

Related to Exercise of Original Warrants

  • Fractional Warrants The Warrant Agent shall not be required to effect any registration of transfer or exchange which shall result in the issuance of a warrant certificate or book-entry position for a fraction of a warrant, except as part of the Units.

  • Issuance of Ordinary Shares on Exercise As soon as practicable after the exercise of any Warrant and the clearance of the funds in payment of the Warrant Price (if payment is pursuant to subsection 3.3.1(a)), the Company shall issue to the Registered Holder of such Warrant a book-entry position or certificate, as applicable, for the number of Ordinary Shares to which he, she or it is entitled, registered in such name or names as may be directed by him, her or it on the register of members of the Company, and if such Warrant shall not have been exercised in full, a new book-entry position or countersigned Warrant, as applicable, for the number of shares as to which such Warrant shall not have been exercised. Notwithstanding the foregoing, the Company shall not be obligated to deliver any Ordinary Shares pursuant to the exercise of a Warrant and shall have no obligation to settle such Warrant exercise unless a registration statement under the Securities Act with respect to the Ordinary Shares underlying the Public Warrants is then effective and a prospectus relating thereto is current, subject to the Company’s satisfying its obligations under Section 7.4 or a valid exemption from registration is available. No Warrant shall be exercisable and the Company shall not be obligated to issue Ordinary Shares upon exercise of a Warrant unless the Ordinary Shares issuable upon such Warrant exercise have been registered, qualified or deemed to be exempt from registration or qualification under the securities laws of the state of residence of the Registered Holder of the Warrants. Subject to Section 4.6 of this Agreement, a Registered Holder of Warrants may exercise its Warrants only for a whole number of Ordinary Shares. The Company may require holders of Public Warrants to settle the Warrant on a “cashless basis” pursuant to Section 7.4. If, by reason of any exercise of Warrants on a “cashless basis”, the holder of any Warrant would be entitled, upon the exercise of such Warrant, to receive a fractional interest in an Ordinary Share, the Company shall round down to the nearest whole number, the number of Ordinary Shares to be issued to such holder.

  • Additional Warrants The Company may at any time and from time to time issue additional warrants or grant options or similar rights to purchase shares of its capital stock.

  • Issuance of Ordinary Shares As soon as practicable after the exercise of any Warrant and the clearance of the funds in payment of the Warrant Price (if any), the Company shall issue to the registered holder of such Warrant a certificate or certificates, or book entry position, for the number of Ordinary Shares to which he, she or it is entitled, registered in such name or names as may be directed by him, her or it, and if such Warrant shall not have been exercised in full, a new countersigned Warrant, or book entry position, for the number of shares as to which such Warrant shall not have been exercised. Notwithstanding the foregoing, in no event will the Company be required to net cash settle the Warrant exercise. No Warrant shall be exercisable for cash and the Company shall not be obligated to issue Ordinary Shares upon exercise of a Warrant unless the Ordinary Shares issuable upon such Warrant exercise has been registered, qualified or deemed to be exempt under the securities laws of the state of residence of the registered holder of the Warrants. In the event that the condition in the immediately preceding sentence is not satisfied with respect to a Warrant, the holder of such Warrant shall not be entitled to exercise such Warrant for cash and such Warrant may have no value and expire worthless, in which case the purchaser of a Unit containing such Warrants shall have paid the full purchase price for the Unit solely for the Ordinary Shares underlying such Unit. Warrants may not be exercised by, or securities issued to, any registered holder in any state in which such exercise or issuance would be unlawful.

  • Fractional Warrant Shares The Company shall not be required to issue fractional Warrant Shares on the exercise of Warrants. If more than one Warrant shall be exercised in full at the same time by the same Holder, the number of full Warrant Shares which shall be issuable upon such exercise shall be computed on the basis of the aggregate number of Warrant Shares which may be purchasable pursuant thereto. If any fraction of a Warrant Share would, except for the provisions of this Section 3.06, be issuable upon the exercise of any Warrant (or specified portion thereof), the Company shall pay an amount in cash equal to the Current Market Value per Warrant Share, as determined on the day immediately preceding the date the Warrant is presented for exercise, multiplied by such fraction, computed to the nearest whole cent.

  • Reservation of Stock, Etc., Issuable on Exercise of Warrant The Company will at all times reserve and keep available, solely for issuance and delivery on the exercise of this Warrant, shares of Common Stock (or Other Securities) from time to time issuable on the exercise of this Warrant.

  • Fractional Warrants and Fractional Shares (a) If the number of shares of Common Stock purchasable upon the exercise of each Warrant is adjusted pursuant to Section 9 hereof, the Company nevertheless shall not be required to issue fractions of shares, upon exercise of the Warrants or otherwise, or to distribute certificates that evidence fractional shares. With respect to any fraction of a share called for upon any exercise hereof, the Company shall pay to the Holder an amount in cash equal to such fraction multiplied by the current market value of such fractional share, determined as follows:

  • Reservation of Ordinary Shares The Company shall at all times reserve and keep available a number of its authorized but unissued Ordinary Shares that shall be sufficient to permit the exercise in full of all outstanding Warrants issued pursuant to this Agreement.

  • Reservation of Stock, etc. Issuable on Exercise of Warrant; Financial Statements The Company will at all times reserve and keep available, solely for issuance and delivery on the exercise of the Warrants, all shares of Common Stock (or Other Securities) from time to time issuable on the exercise of the Warrant. This Warrant entitles the Holder hereof to receive copies of all financial and other information distributed or required to be distributed to the holders of the Company's Common Stock.

  • No Fractional Warrants or Shares Notwithstanding any provision contained in this Agreement to the contrary, the Company shall not issue fractional shares upon exercise of Warrants. If, by reason of any adjustment made pursuant to this Section 4, the holder of any Warrant would be entitled, upon the exercise of such Warrant, to receive a fractional interest in a share, the Company shall, upon such exercise, round up to the nearest whole number of shares of Common Stock to be issued to the Warrant holder.

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