Common use of Exercise of the Purchase Rights Clause in Contracts

Exercise of the Purchase Rights. The purchase rights set forth in this Warrant Agreement are exercisable by the Warrantholder, in whole or in part, at any time, or from time to time, prior to the expiration of the term set forth in Section 2 above, by tendering to the Company at its principal office a notice of exercise in the form attached hereto as Exhibit 1 (the "Notice of Exercise"), duly completed and executed, along with this Warrant Agreement. Promptly upon receipt of the Notice of Exercise, this Warrant Agreement and the payment of the purchase price in accordance with the terms set forth below, the Company shall issue to the Warrantholder a certificate for the number of shares of Preferred Stock purchased. The Exercise Price may be paid at the Warrantholder's election either (i) by cash or check, or (ii) by surrender of the right to purchase such number of shares equal in value (as determined below) to the aggregate exercise price of the number of shares to be purchased by the Warrantholder ("Net Issuance"). If the Warrantholder elects the Net Issuance method, the Company will issue Preferred Stock in accordance with the following formula: X = Y(A-B) ------ A Where: X = the number of shares of Preferred Stock to be issued to the Warrantholder. Y = the number of shares of Preferred Stock requested to be exercised under this Warrant Agreement. A = the fair market value of one (1) share of Preferred Stock.

Appears in 2 contracts

Samples: Warrant Agreement (Argonaut Technologies Inc), Warrant Agreement (Argonaut Technologies Inc)

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Exercise of the Purchase Rights. The Subject to Section 1 above, the purchase rights set forth in this Warrant Agreement are exercisable by the Warrantholder, in whole or in part, at any time, time or from time to time, prior to the expiration of the term set forth in Section 2 above, by tendering to the Company at its principal office a notice of exercise in the form attached hereto as Exhibit 1 I (the "Notice of Exercise"), duly completed and executed, along with this Warrant Agreement. Promptly upon Upon receipt of the Notice of Exercise, this Warrant Agreement Exercise and the payment of the purchase price in accordance with the terms set forth below, the Company shall issue to the Warrantholder a certificate for the number of shares of Preferred Common Stock purchasedpurchased and shall execute the Notice of Exercise indicating the number of shares which remain subject to future purchases, if any. The Exercise Price Warrantholder may be paid at the Warrantholder's election either (i) exercise all or any portion of the outstanding warrants by paying to the Company, by cash or check, an amount equal to the aggregate Exercise Price of the shares being purchased or (ii) by surrender of the right to purchase such number of receive shares equal in to the value (as determined below) of this Warrant by surrender of the Warrant at the principal office of the Company together with notice of such election in which event the Company shall issue to the aggregate exercise price of the Warrantholder a number of shares to be purchased by the Warrantholder ("Net Issuance"). If the Warrantholder elects the Net Issuance method, the Company will issue Preferred of Common Stock in accordance with computed using the following formula: X = Y(A-B) ------ A Where: X = the The number of shares of Preferred Stock Common to be issued to the Warrantholder. Y = the The number of shares of Preferred Stock requested Common to be exercised under this Warrant AgreementWarrant. A = the The fair market value of one (1) share of Preferred StockCommon.

Appears in 2 contracts

Samples: Option Agreement (Acorda Therapeutics Inc), License Agreement (Acorda Therapeutics Inc)

Exercise of the Purchase Rights. The Subject to Section 1 above, the purchase rights set forth in this Warrant Agreement are exercisable by the Warrantholder, in whole or in part, at any time, time or from time to timetime after the Clearance Date, prior to the expiration of the term set forth in Section 2 above, by tendering to the Company at its principal office a notice of exercise in the form attached hereto as Exhibit 1 I (the "Notice of Exercise"), duly completed and executed, along with this Warrant Agreement. Promptly upon Upon receipt of the Notice of Exercise, this Warrant Agreement Exercise and the payment of the purchase price in accordance with the terms set forth below, the Company shall issue to the Warrantholder a certificate for the number of shares of Preferred Common Stock purchasedpurchased and shall execute the Notice of Exercise indicating the number of shares which remain subject to future purchases, if any. The Exercise Price Warrantholder may be paid at the Warrantholder's election either (i) exercise all or any portion of the outstanding warrants by paying to the Company, by cash or check, an amount equal to the aggregate Exercise Price of the shares being purchased or (ii) by surrender of the right to purchase such number of receive shares equal in to the value (as determined below) of this Warrant by surrender of the Warrant at the principal office of the Company together with notice of such election in which event the Company shall issue to the aggregate exercise price of the Warrantholder a number of shares to be purchased by the Warrantholder ("Net Issuance"). If the Warrantholder elects the Net Issuance method, the Company will issue Preferred of Common Stock in accordance with computed using the following formula: Where; X = Y(A-B) ------ A Where: X = the The number of shares of Preferred Stock Common to be issued to the Warrantholder. Y = the The number of shares of Preferred Stock requested Common to be exercised under this Warrant AgreementWarrant. A = the The fair market value of one (1) share of Preferred StockCommon.

Appears in 1 contract

Samples: Stock Warrant Agreement (Acorda Therapeutics Inc)

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Exercise of the Purchase Rights. The purchase rights set forth in this Warrant Agreement are exercisable by the Warrantholder, in whole or in part, at any time, or from time to time, prior to the expiration of the term set forth in Section 2 above, by tendering to the Company at its principal office a notice of exercise in the form attached hereto as Exhibit 1 I (the "Notice of Exercise"), duly completed and executed, along with this Warrant Agreement. Promptly upon Upon receipt of the Notice of Exercise, this Warrant Agreement Exercise and the payment of the purchase price in accordance with the terms set forth below, the Company shall issue to the Warrantholder a certificate for the number of shares of Preferred Stock purchasedpurchased and shall execute the Notice of Exercise indicating the number of shares which remain subject to future purchases, if any. The Exercise Price may be paid at Notwithstanding anything to the Warrantholder's election contrary contained in Section 2 above or this Section 3, the Warrantholder shall either (i) exercise all outstanding warrants by paying to the Company, by cash or check, an amount equal to the aggregate Warrant Price of the shares being purchased, or (ii) by surrender of the right to purchase such number of receive shares equal in to the value (as determined below) of this Warrant by surrender of the Warrant at the principal office of the Company together with notice of such election in which event the Company shall issue to the aggregate exercise price of the Warrantholder a number of shares to be purchased by the Warrantholder ("Net Issuance"). If the Warrantholder elects the Net Issuance method, the Company will issue of Preferred Stock in accordance with computed using the following formula: X = Y(A-B) ------ A Where: X = the The number of shares of Preferred Stock to be issued to the Warrantholder. Y = the The number of shares of Preferred Stock requested to be exercised under this Warrant AgreementWarrant. A = the The fair market value of one (1) share of Preferred StockCommon.

Appears in 1 contract

Samples: Omnicell Com /Ca/

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