Common use of Exercise of Warrant Clause in Contracts

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mail) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid the Holder shall deliver the aggregate Exercise Price of the Warrant ADSs thereby purchased by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) below. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs purchasable hereunder in an amount equal to the applicable number of Warrant ADSs purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs hereunder, the number of Warrant ADSs available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 20 contracts

Samples: Can-Fite BioPharma Ltd., Can-Fite BioPharma Ltd., Can-Fite BioPharma Ltd.

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Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company or the Transfer Agent (or such other office or agency of that the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary ), as applicable, of a duly executed facsimile copy or PDF copy submitted by electronic (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”)hereto. Within the earlier of (i) two three (23) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 20 contracts

Samples: Securities Purchase Agreement (Rennova Health, Inc.), Bridgeline Digital, Inc., Celsion CORP

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased Shares specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 19 contracts

Samples: Common Stock Purchase Warrant (Smith Micro Software, Inc.), Common Stock Purchase (Caladrius Biosciences, Inc.), Arcadia Biosciences, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”)hereto. Within the earlier of (i) two three (23) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 16 contracts

Samples: Common Stock Purchase (Innovus Pharmaceuticals, Inc.), Common Stock Purchase Warrant (MetaStat, Inc.), Alliqua BioMedical, Inc.

Exercise of Warrant. Exercise of (a) Subject to the purchase rights represented by terms and conditions hereof, this Warrant may be madeexercised by the Holder, in whole or in part, at during normal business hours on any time or times Business Day on or after the Initial Exercise Date date hereof and prior to 5:00 P.M. Eastern Standard Time on or before the Termination Expiration Date by (i) delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mail) of the Notice of Exercise written notice, in the form annexed of the subscription notice attached as Exhibit A hereto (the “Notice of ExerciseExercise Notice”). Within , of such Holder’s election to exercise this Warrant, which notice shall specify the earlier number of (i) two (2) Trading Days and Warrant Shares to be purchased, (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid the Holder shall deliver the aggregate Exercise Price of the Warrant ADSs thereby purchased by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) below. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant payment to the Company until the Holder has purchased all of the Warrant ADSs available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs purchasable hereunder in an amount equal to the applicable number of Warrant ADSs purchased. The Holder and the Company shall maintain records showing Exercise Price multiplied by the number of Warrant ADSs purchased Shares as to which this Warrant is being exercised (the “Aggregate Exercise Price”) in cash or by certified check or wire transfer of immediately available funds, and (iii) delivery to the Company of this Warrant (or an indemnity and evidence with respect to this Warrant in the case of its loss, theft, mutilation or destruction as provided in Section 11). In the event of any exercise of the rights represented by this Warrant in compliance with this Section 2(a), the Company shall, on or before the tenth (10th) Business Day following the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day of its receipt of the Exercise Notice, the Aggregate Exercise Price and this Warrant (or an indemnity and evidence with respect to this Warrant in the case of its loss, theft, mutilation or destruction as provided in Section 11) (the “Exercise Delivery Documents”), deliver at the Company’s expense to the Holder, a certificate or certificates for the Warrant Shares so purchased, in such noticedenominations as may be requested by Hxxxxx and registered in the name of Hxxxxx. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason Upon the Company’s receipt of the provisions Exercise Delivery Documents, the Holder shall be deemed for all corporate purposes to have become the holder of this paragraph, following the purchase of a portion record of the Warrant ADSs hereunderShares with respect to which this Warrant has been exercised, irrespective of the number date of delivery of certificates evidencing such Warrant ADSs available for purchase hereunder at any given time may be less than the amount stated on the face hereofShares.

Appears in 13 contracts

Samples: Purchase Common Stock (Electric City Corp), Electric City Corp, Electric City Corp

Exercise of Warrant. Exercise Subject to the provisions of Section 2(e) herein, exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Original Issuance Date and on or before close of business on the Termination Date by delivery to the Company or Warrant Agent (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased Shares specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company or the Warrant Agent until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company or Warrant Agent for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company or Warrant Agent shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. Notwithstanding the foregoing in this Section 2(a), a Holder whose interest in this Warrant is a beneficial interest in certificate(s) representing this Warrant held in book-entry form through DTC (or another established clearing corporation performing similar functions), shall effect exercises made pursuant to this Section 2(a) by delivering to DTC (or such other clearing corporation, as applicable) the appropriate instruction form for exercise, complying with the procedures to effect exercise that are required by DTC (or such other clearing corporation, as applicable), subject to a Holder’s right to elect to receive a Warrant in certificated form pursuant to the terms of the Warrant Agent Agreement, in which case this sentence shall not apply.

Appears in 12 contracts

Samples: Common Stock Purchase Warrant (GeoVax Labs, Inc.), Warrant Agent Agreement (Syra Health Corp), Warrant Agent Agreement (Heart Test Laboratories, Inc.)

Exercise of Warrant. i. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy notice of exercise (or .pdf copy via e-mail) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of ) form attached hereto as Exhibit A; and, within three (i) two (23) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date said Notice of exercise as aforesaid Exercise is delivered to the Holder Company, the Company shall deliver have received payment of the aggregate Exercise Price of the Warrant ADSs shares thereby purchased by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) below. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be requiredbank. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The In the event of any dispute or discrepancy, the records of the Company shall deliver any objection to any Notice be controlling and determinative in the absence of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs hereunder, the number of Warrant ADSs available for purchase hereunder at any given time may be less than the amount stated on the face hereofmanifest error.

Appears in 11 contracts

Samples: Common Stock Purchase Warrant (Medovex Corp.), Common Stock Purchase Warrant (Medovex Corp.), Common Stock Purchase Warrant (Medovex Corp.)

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (with a copy to the Transfer Agent (or such other office or agency of that the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. Notwithstanding the foregoing in this Section 2(a), a holder whose interest in this Warrant is a beneficial interest in certificate(s) representing this Warrant held in book-entry form through DTC (or another established clearing corporation performing similar functions), shall effect exercises made pursuant to this Section 2(a) by delivering to DTC (or such other clearing corporation, as applicable) the appropriate instruction form for exercise, complying with the procedures to effect exercise that are required by DTC (or such other clearing corporation, as applicable), subject to a Holder’s right to elect to receive a Warrant in certificated form pursuant to the terms of the Warrant Agency Agreement, in which case this sentence shall not apply.

Appears in 9 contracts

Samples: Common Stock Purchase Warrant (Achieve Life Sciences, Inc.), Common Stock Purchase Warrant (Achieve Life Sciences, Inc.), Underwriting Agreement (Achieve Life Sciences, Inc.)

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”)hereto. Within the earlier of three (i) two (23) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 9 contracts

Samples: Subscription Agreement (Air Industries Group), Subscription Agreement (Air Industries Group), Common Stock Purchase Warrant (Air Industries Group)

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company or the Transfer Agent (or such other office or agency of that the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary ), as applicable, of a duly executed facsimile copy or PDF copy submitted by electronic (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two three (23) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 8 contracts

Samples: Premier Biomedical Inc, Premier Biomedical Inc, AzurRx BioPharma, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on to a United States Swiss bank or, if available, pursuant to account for the benefit of the Company unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs available hereunder and the Warrant has been exercised in full, in which case, case the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs available hereunder shall have the effect of lowering reducing the outstanding number of Warrant ADSs purchasable hereunder in an amount equal to the applicable number of Warrant ADSs purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs hereunder, the number of Warrant ADSs available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 8 contracts

Samples: Addex Therapeutics Ltd., Addex Therapeutics Ltd., Addex Therapeutics Ltd.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 8 contracts

Samples: Common Shares Purchase (InMed Pharmaceuticals Inc.), Volcon, Inc., Ucommune International LTD

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within By the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period Warrant Share Delivery Date (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. Without limiting the rights of a Holder to receive Warrant Shares on a “cashless exercise” and without limiting the liquidated damages provision in Section 2(d)(i) and the buy-in provision in Section 2(d)(iv), in no event will the Company be required to net cash settle a Warrant exercise.

Appears in 7 contracts

Samples: Funded Common Stock Purchase (Eleven Biotherapeutics, Inc.), Common Stock Purchase Warrant (Eleven Biotherapeutics, Inc.), Underwriting Agreement (Eleven Biotherapeutics, Inc.)

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the ADSs specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 7 contracts

Samples: Lion Group Holding LTD, Lion Group Holding LTD, Lion Group Holding LTD

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company or Warrant Agent (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company or Warrant Agent for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company or Warrant Agent shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. Notwithstanding the foregoing in this Section 2(a), a holder whose interest in this Warrant is a beneficial interest in certificate(s) representing this Warrant held in book-entry form through DTC (or another established clearing corporation performing similar functions), shall effect exercises made pursuant to this Section 2(a) by delivering to DTC (or such other clearing corporation, as applicable) the appropriate instruction form for exercise, complying with the procedures to effect exercise that are required by DTC (or such other clearing corporation, as applicable), subject to a Holder’s right to elect to receive a Warrant in certificated form pursuant to the terms of the Warrant Agency Agreement, in which case this sentence shall not apply.

Appears in 7 contracts

Samples: Common Stock Purchase Warrant (CHF Solutions, Inc.), Common Stock Purchase Warrant (CHF Solutions, Inc.), Common Stock Purchase Warrant (Artelo Biosciences, Inc.)

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 6 contracts

Samples: Subscription Agreement (Epien Medical, Inc.), Common Stock Purchase (Oblong, Inc.), Epien Medical, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of that the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by electronic mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) belowbank. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs purchasable hereunder in an amount equal to the applicable number of Warrant ADSs purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. If there is no effective registration statement under the Securities Act permitting the issuance of Warrant ADSs upon exercise of this Warrant, a Holder may not exercise the purchase rights represented by this Warrant unless such Holder, at the time of such exercise, is an Accredited Investor and such Holder, at the Company’s request, represents the same to the Company in writing. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs hereunder, the number of Warrant ADSs available for purchase hereunder at any given time may be less than the amount stated on the face hereof. Notwithstanding the above, this Warrant may not be exercised on the Record Date (as such term is defined under the Tel-Aviv Stock Exchange Ltd. (the “TASE”) rules and regulations) of: (i) a distribution of bonus shares; (ii) a rights offer; (iii) any distribution of dividends; (iv) a consolidation of the share capital of the Company; (v) a share split; or (vi) a reduction of the share capital of the Company (each of the aforementioned events shall be called: “Corporate Event”). In addition, if the Ex-Date (as such term is defined under the TASE rules and regulations) of a Corporate Event occurs before the Record Date of a Corporate Event, then the Warrant shall not be exercised on the Ex-Date. Without limiting the liquidated damages provision in Section 2(d)(i) and the buy-in provision in Section 2(d)(iv), in no event will the Company be required to net cash settle a Warrant exercise.

Appears in 6 contracts

Samples: Safe-T Group Ltd., Safe-T Group Ltd., Safe-T Group Ltd.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mail) of the Notice of Exercise in the form Form annexed hereto as Annex A; and, within three (3) Business Days of the date said Notice of Exercise”). Within Exercise is delivered to the earlier Company, the Company shall have received payment of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid the Holder shall deliver the aggregate Exercise Price of the Warrant ADSs shares thereby purchased by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) below. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be requiredbank. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Business Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise Form within one two (12) Trading Day Business Days of receipt of such notice. In the event of any dispute or discrepancy, the records of the Holder shall be controlling and determinative in the absence of manifest error. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. As used herein, “Business Day” means any day except Saturday, Sunday or any other day on which commercial banks located in the State of Nevada are authorized or required by law to be closed for business.

Appears in 6 contracts

Samples: Common Stock Purchase Warrant (Theralink Technologies, Inc.), Theralink Technologies, Inc., OncBioMune Pharmaceuticals, Inc

Exercise of Warrant. Exercise of Subject to the terms and conditions hereof (including, without limitation, the limitations set forth in Section 1(f)), the purchase rights represented by this Warrant may be made, in whole or in part, exercised by the Holder at any time or times on or after the Initial Exercise Date and on Exercisability Date, in whole or before the Termination Date in part, by delivery to the Company or the Warrant Agent (whether via facsimile, electronic mail or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Companyotherwise) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mail) of the Notice of Exercise written notice, in the form annexed attached hereto as Exhibit A (the “Notice of ExerciseExercise Notice”), of the Holder’s election to exercise purchase rights represented by this Warrant. Within the earlier of one (i) two (21) Trading Days and (ii) Day following the delivery of the Exercise Notice, the Holder shall make payment to the Company of an amount equal to the Exercise Price in effect on the date of such exercise multiplied by the number of Trading Days comprising Warrant Shares as to which this Warrant is being exercised (the Standard Settlement Period “Aggregate Exercise Price”) in cash by wire transfer of immediately available funds or, if the provisions of Section 1(d) are applicable, by notifying the Company that this Warrant is being exercised pursuant to a Cashless Exercise (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid the Holder shall deliver the aggregate Exercise Price of the Warrant ADSs thereby purchased by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) below. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required1(d)). Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company or Warrant Agent for cancellation within three (3) Trading Days of the date on which the final Exercise Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company or Warrant Agent shall deliver any objection to any Exercise Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. On or before the first (1st) Trading Day following the date on which the Holder has delivered the applicable Exercise Notice, the Company or the Warrant Agent shall transmit by facsimile or electronic mail an acknowledgment of confirmation of receipt of the Exercise Notice, in the form attached to the Exercise Notice, to the Holder and the Company’s transfer agent (the “Transfer Agent”). So long as the Holder delivers the Aggregate Exercise Price (or notice of a Cashless Exercise) on or prior to the first (1st) Trading Day following the date on which the Exercise Notice has been delivered to the Company, then on or prior to the earlier of (i) the second (2nd) Trading Day and (ii) the number of Trading Days comprising the Standard Settlement Period, in each case following the date on which the Exercise Notice has been delivered to the Company or the Warrant Agent, or, if the Holder does not deliver the Aggregate Exercise Price (or notice of a Cashless Exercise) on or prior to the first (1st) Trading Day following the date on which the Exercise Notice has been delivered to the Company, then the Warrant Shares shall be delivered in accordance with Section 1(f) of this Warrant.

Appears in 6 contracts

Samples: Warrant Agreement (Vislink Technologies, Inc.), Warrant Agreement (Vislink Technologies, Inc.), Warrant Agreement (Vislink Technologies, Inc.)

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) belowbank. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three two (32) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 6 contracts

Samples: The3rdBevco Inc., The3rdBevco Inc., Specificity, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days (a day on which the principal Trading Market, as defined herein, is open for trading, also referred to herein as a “Business Day”) and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price (as defined herein) for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 6 contracts

Samples: Notice of Exercise (AYRO, Inc.), Notice of Exercise (AYRO, Inc.), Notice of Exercise (AYRO, Inc.)

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to in immediately available funds unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 6 contracts

Samples: Ideanomics, Inc., Ideanomics, Inc., Ideanomics, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of that the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary Transfer Agent of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 5 contracts

Samples: G Medical Innovations Holdings Ltd., G Medical Innovations Holdings Ltd., G Medical Innovations Holdings Ltd.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company Corporation (or such other office or agency of that the Company as it Corporation may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the CompanyCorporation) and the Depositary of a duly executed facsimile copy or PDF copy submitted by electronic mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased Shares specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) belowbank. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company Corporation until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company Corporation for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the CompanyCorporation. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company Corporation shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company Corporation shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assigneeHolder, by acceptance of this Warrant, acknowledge acknowledges and agree agrees that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. In no event will the Corporation be required to net cash settle a Warrant exercise.

Appears in 5 contracts

Samples: ScoutCam Inc., Virtual Crypto Technologies, Inc., Intellisense Solutions Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company or Warrant Agent (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company or Warrant Agent for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company or Warrant Agent shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. Notwithstanding the foregoing in this Section 2(a), a holder whose interest in this Warrant is a beneficial interest in certificate(s) representing this Warrant held in book-entry form through DTC (or another established clearing corporation performing similar functions), shall effect exercises made pursuant to this Section 2(a) by delivering to DTC (or such other clearing corporation, as applicable) the appropriate instruction form for exercise, complying with the procedures to effect exercise that are required by DTC (or such other clearing corporation, as applicable), subject to a Holder’s right to elect to receive a Warrant in certificated form pursuant to the terms of the Warrant Agency Agreement, in which case this sentence shall not apply.

Appears in 5 contracts

Samples: Common Stock Purchase (Nuwellis, Inc.), Common Stock Purchase (Nuwellis, Inc.), Common Stock Purchase (Nuwellis, Inc.)

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date Date, subject to Sections 2(e) and 2(f) hereof, and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Notice of Exercise will be effective on the day given up to 11:59 p.m. (EST). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased Shares specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. Notwithstanding the foregoing in this Section 2(a), a holder whose interest in this Warrant is a beneficial interest in certificate(s) representing this Warrant held in book-entry form through the Depository Trust Company (“DTC”) (or another established clearing corporation performing similar functions) shall effect exercises made pursuant to this Section 2(a) by delivering to DTC (or such other clearing corporation, as applicable) the appropriate instruction form for exercise, complying with the procedures to effect exercise that are required by DTC (or such other clearing corporation, as applicable).

Appears in 5 contracts

Samples: SANUWAVE Health, Inc., SANUWAVE Health, Inc., SANUWAVE Health, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising By the Standard Settlement Period Delivery Date (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Aethlon Medical Inc), Securities Purchase Agreement (Aethlon Medical Inc), Aethlon Medical Inc

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Original Issue Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mail) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of via facsimile or electronic mail) and within three (i) two (23) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date said Notice of exercise as aforesaid Exercise is delivered to the Holder Company, the Company shall deliver have received payment of the aggregate Exercise Price of the Warrant ADSs shares of Common Stock thereby purchased by wire transfer to an account designated by the Company or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) below. If the amount of payment received by the Company is less than the aggregate Exercise Price of the shares of Common Stock being purchased, the Holder shall make payment of the deficiency within three (3) Trading Days following notice thereof. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering automatically reduce the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise Form within one two (12) Trading Day Business Days of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 5 contracts

Samples: Summit Wireless Technologies, Inc., Summit Wireless Technologies, Inc., Summit Wireless Technologies, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 5 contracts

Samples: Waiver and Consent (Genius Brands International, Inc.), Common Stock Purchase Warrant (Genius Brands International, Inc.), Common Stock Purchase Warrant (Genius Brands International, Inc.)

Exercise of Warrant. Exercise of the purchase rights represented by this This Warrant may be madeexercised, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf PDF copy via submitted by e-mail) mail of the Notice of Exercise in the form annexed hereto as Exhibit A (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Business Days and (ii) the number of Trading Business Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein)) following the date of exercise as aforesaid aforesaid, the Holder shall deliver to the Company the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowis specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Business Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 5 contracts

Samples: Data443 Risk Mitigation, Inc., Data443 Risk Mitigation, Inc., Data443 Risk Mitigation, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mail) mail attachment of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 5 contracts

Samples: Underwriting Agreement (Star Equity Holdings, Inc.), Underwriting Agreement (Digirad Corp), Underwriting Agreement (Star Equity Holdings, Inc.)

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) belowbank. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 5 contracts

Samples: Purchase Agreement (Aditxt, Inc.), Zerify, Inc., Zerify, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of that the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary ), as applicable, of a duly executed facsimile copy or PDF copy submitted by electronic (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). as Exhibit A. Within the earlier of (i) two three (23) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 5 contracts

Samples: Credit, Security and Guaranty Agreement (Alphatec Holdings, Inc.), Alphatec Holdings, Inc., Alphatec Holdings, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Issue Date and on or before the Termination Date by delivery (whether via facsimile or otherwise) to the Company (or the Warrant Agent or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the CompanyCompany or the Warrant Agent) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mail) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid the Holder shall deliver the aggregate Exercise Price of the Warrant ADSs thereby purchased by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) belowhereto. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Within two (2) Trading Days following an exercise of this Warrant as aforesaid (the “Price Delivery Date”), the Holder shall deliver payment to the Warrant Agent or the Company of an amount equal to the aggregate Exercise Price of the Warrant Shares thereby purchased by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the Cashless Exercise procedure specified in Section 2(c) below. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company or the Warrant Agent until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company or the Warrant Agent for cancellation within three (3) Trading Days of after the date the final Notice of Exercise is delivered to the CompanyCompany or Warrant Agent. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company or the Warrant Agent shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company or the Warrant Agent shall deliver any objection to any Notice of Exercise form within one (1) Trading 1 Business Day of receipt of such noticethe applicable Notice of Exercise. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 5 contracts

Samples: Common Stock Purchase Warrant (ARCA Biopharma, Inc.), Warrant Agency Agreement (ARCA Biopharma, Inc.), Common Stock Purchase Warrant (ARCA Biopharma, Inc.)

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two three (23) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 4 contracts

Samples: Common Stock Purchase Warrant (Eyegate Pharmaceuticals Inc), Medical Transcription Billing, Corp, Medovex Corp.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company Corporation (or such other office or agency of that the Company as it Corporation may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the CompanyCorporation) and the Depositary of a duly executed facsimile copy or PDF copy submitted by electronic mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased Shares specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) belowbank. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company Corporation until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company Corporation for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the CompanyCorporation. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company Corporation shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assigneeHolder, by acceptance of this Warrant, acknowledge acknowledges and agree agrees that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. In no event will the Corporation be required to net cash settle a Warrant exercise.

Appears in 4 contracts

Samples: ScoutCam Inc., ScoutCam Inc., ScoutCam Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of that the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by electronic (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”)hereto. Within the earlier of (i) two three (23) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 4 contracts

Samples: Jaguar Animal Health, Inc., Jaguar Animal Health, Inc., Jaguar Animal Health, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one two (12) Trading Day Business Days of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 4 contracts

Samples: Boatim Inc., Boatim Inc., Spherix Inc

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Business Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein)) following the date of exercise as aforesaid aforesaid, the Holder shall deliver to the Company the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) belowbank. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Business Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Trio Petroleum Corp.), Securities Purchase Agreement (Trio Petroleum Corp.), Intrinsic Medicine, Inc.

Exercise of Warrant. Exercise The Holder may exercise this Warrant according to its terms by the surrendering the Warrant, together with a duly executed copy of the purchase rights represented by this Warrant may be madeForm of Exercise, in whole or in partto the Company, at any time or times on or after the Initial Exercise Date its principal office, 0000 Xxxxxxxx Xx., Xxxxxxxx, XX 00000, and on or before the Termination Date by delivery paying to the Company (or such other office or agency of the Company as it may designate by notice in writing an amount equal to the registered Holder at aggregate Warrant Price for the address number of the Holder appearing on the books shares of the Company) and the Depositary of a duly executed facsimile copy (Warrant Stock being purchased, in cash, certified check or .pdf copy via e-mail) of the Notice of Exercise in the form annexed hereto bank draft, prior to (the “Notice of ExerciseExpiration Date). Within ) the earlier of (i) two (2) Trading Days and 5:30 p.m., Eastern Time, on 12/31/16 or (ii) such date at which (x) the Common Stock is listed for trading on a national securities exchange, an inter-dealer automated quotation system of a national association of securities dealers or traded in “OTC PINKS” (or its successor or an equivalent or better regarded marketplace) and (y) the Warrant Shares shall have been registered under the Securities Act of 1933, as amended (the “Act”) for 60 consecutive days (or its foreign analogue if the listing in (x) is on a foreign exchange). This Warrant may be exercised in whole or in part so long as any exercise in part hereof would not involve the issuance of fractional shares of Warrant Stock. If exercised in part, the Company shall deliver to the Holder a new Warrant, identical in form, in the name of the Holder, evidencing the right to purchase the number of Trading Days comprising shares of Warrant Stock as to which this Warrant has not been exercised, which new Warrant shall be signed by the Standard Settlement Period Chairman, Chief Executive Officer or President of the Company. The term Warrant as used herein shall include any subsequent Warrant issued as provided herein. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. The Company shall pay cash in lieu of fractions with respect to the Warrants based upon the fair market value of such fractional shares of Common Stock (as defined which shall be the closing price of such shares on the exchange or market on which the Common Stock is then traded) at the time of exercise of this Warrant. In the event of any exercise of the rights represented by this Warrant, a certificate or certificates for the Warrant Stock so purchased, registered in Section 2(d)(i) herein) following the name of the Holder, shall be delivered to the Holder within a reasonable time after such rights shall have been so exercised. The person or entity in whose name any certificate for the Warrant Stock is issued upon exercise of the rights represented by this Warrant shall for all purposes be deemed to have become the holder of record of such shares immediately prior to the close of business on the date on which the Warrant was surrendered and payment of the Warrant Price and any applicable taxes was made, irrespective of the date of exercise as aforesaid delivery of such certificate, except that, if the Holder shall deliver date of such surrender and payment is a date when the aggregate Exercise Price stock transfer books of the Warrant ADSs thereby purchased by wire transfer or cashier’s check drawn on a United States bank orCompany are closed, if available, pursuant to the cashless exercise procedure specified in Section 2(c) below. No ink-original Notice of Exercise such person shall be required, nor deemed to have become the holder of such shares at the opening of business on the next succeeding date on which the stock transfer books are open. The Company shall pay any medallion guarantee (and all documentary stamp or other type similar issue or transfer taxes payable in respect of guarantee the issue or notarization) delivery of any Notice shares of Exercise be requiredCommon Stock on exercise of this Warrant. Notwithstanding anything contained herein to the contrary, the Holder shall not be required to physically surrender in lieu of exercising this Warrant for cash, if the shares underlying this Warrant are not registered pursuant to the Company until the Holder has purchased all of the Warrant ADSs available hereunder and the Warrant has been exercised in full, in which caseSecurities Act, the Holder shall surrender this Warrant may elect to receive shares equal to the Company for cancellation within three value (3as determined below) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases (or the portion thereof being cancelled) by surrender of a portion this Warrant at the principal office of the total number of Warrant ADSs available hereunder shall have Company together with the effect of lowering the outstanding number of Warrant ADSs purchasable hereunder properly endorsed Subscription Form in an amount equal to the applicable number of Warrant ADSs purchased. The Holder and which event the Company shall maintain records showing issue to the holder a number of shares of Common Stock computed using the following formula: X=Y (A-B) A Where X= the number of shares of Common Stock to be issued to the Holder Y= the number of shares of Common Stock purchasable under the Warrant ADSs purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assigneeor, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of if only a portion of the Warrant ADSs hereunderis being exercised, the number portion of the Warrant ADSs available being exercised (at the date of such calculation) A= the average of the closing sale prices of the Common Stock for purchase hereunder at any given time may the five (5) trading days immediately prior to the exercise hereof B= Warrant Price (as adjusted to the date of such calculation) For purposes of Rule 144 promulgated under the 1933 Act, it is intended, understood and acknowledged that the Warrant Shares issued in a cashless exercise transaction shall be less than deemed to have been acquired by the amount stated Holder, and the holding period for the Warrant Shares shall be deemed to have commenced, on the face hereofdate this Warrant was originally issued pursuant to the Subscription Agreement.

Appears in 4 contracts

Samples: Subscription Agreement (Gyrotron Technology Inc), Subscription Agreement (Gyrotron Technology Inc), Gyrotron Technology Inc

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased Shares specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. For the avoidance of doubt, there is no circumstance that would require the Company to net cash settle the Warrants.

Appears in 4 contracts

Samples: Common Stock Purchase Warrant (Apricus Biosciences, Inc.), Apricus Biosciences, Inc., Apricus Biosciences, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of that the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary ), of a duly executed facsimile copy or PDF copy submitted by electronic (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank orbank, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs available hereunder and the Warrant has been exercised in full, in which case, case the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs purchasable hereunder in an amount equal to the applicable number of Warrant ADSs purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs hereunder, the number of Warrant ADSs available for purchase hereunder at any given time may be less than the amount stated on the face hereof. In addition, and notwithstanding the foregoing in this Section 2(a), this Warrant may not be exercised on the Record Date (as such term is defined under the Tel-Aviv Stock Exchange Ltd. (the “TASE”) rules and regulations) of: (i) a distribution of bonus shares; (ii) a rights offer; (iii) any distribution of dividends; (iv) a consolidation of the share capital of the Company; (v) a share split; or (vi) a reduction of the share capital of the Company (each of the aforementioned events shall be called: “Corporate Event”). In addition, if the Ex-Date (as such term is defined under the TASE rules and regulations) of a Corporate Event occurs before the Record Date of a Corporate Event, then the Warrant shall not be exercised on the Ex-Date.

Appears in 4 contracts

Samples: Safe-T Group Ltd., Safe-T Group Ltd., Safe-T Group Ltd.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three two (32) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. As used herein “Business Day” means any day except any Saturday, any Sunday, any day which is a federal legal holiday in the United States or any day on which banking institutions in the State of New York are authorized or required by law or other governmental action to close.

Appears in 4 contracts

Samples: Common Stock Purchase (Splash Beverage Group, Inc.), Common Stock Purchase (Splash Beverage Group, Inc.), Splash Beverage Group, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Only whole warrants shall be exercisable. Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. Notwithstanding the foregoing in this Section 2(a), a holder whose interest in this Warrant is a beneficial interest in certificate(s) representing this Warrant held in book-entry form through DTC (or another established clearing corporation performing similar functions), shall effect exercises made pursuant to this Section 2(a) by delivering to DTC (or such other clearing corporation, as applicable) the appropriate instruction form for exercise, complying with the procedures to effect exercise that are required by DTC (or such other clearing corporation, as applicable), subject to a Holder’s right to elect to receive a Warrant in certificated form pursuant to the terms of the Warrant Agency Agreement, in which case this sentence shall not apply.

Appears in 4 contracts

Samples: Common Stock Purchase Warrant (Immune Pharmaceuticals Inc), Common Stock Purchase Warrant (Immune Pharmaceuticals Inc), Common Stock Purchase Warrant (Immune Pharmaceuticals Inc)

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i2(c)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased Shares specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) belowtransfer. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 4 contracts

Samples: PARTS iD, Inc., PARTS iD, Inc., PARTS iD, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile or email copy (or .pdf copy via e-mail) of the Notice of Exercise in the form Form annexed hereto (the “Notice of Exercise”)hereto. Within the earlier of three (i) two (23) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) below. No ink-original below is specified in the applicable Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be requiredExercise. Notwithstanding anything herein to the contrarycontrary (although the Holder may surrender the Warrant to, and receive a replacement Warrant from, the Company), the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise Form within one (1) Trading Day of receipt delivery of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 4 contracts

Samples: Digital Power Corp, Digital Power Corp, Digital Power Corp

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Issue Date and on or before the Termination Date by delivery to the Company or Warrant Agent (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf PDF copy via submitted by e-mail) mail of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the unpaid portion of the aggregate Exercise Price of for the Warrant ADSs thereby purchased Shares specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company or Warrant Agent for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company or Warrant Agent shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. Notwithstanding the foregoing in this Section 2(a), a holder whose interest in this Warrant is a beneficial interest in certificate(s) representing this Warrant held in book-entry form through DTC (or another established clearing corporation performing similar functions), shall effect exercises made pursuant to this Section 2(a) by delivering to DTC (or such other clearing corporation, as applicable) the appropriate instruction form for exercise, complying with the procedures to effect exercise that are required by DTC (or such other clearing corporation, as applicable), subject to a Holder’s right to elect to receive a Warrant in certificated form pursuant to the terms of the Warrant Agency Agreement, in which case this sentence shall not apply.

Appears in 4 contracts

Samples: Common Stock Purchase Warrant (Ocean Power Technologies, Inc.), Common Stock Purchase Warrant (Ocean Power Technologies, Inc.), Ocean Power Technologies, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid the aforesaid, The Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three two (32) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. As used herein “Business Day” means any day except any Saturday, any Sunday, any day which is a federal legal holiday in the United States or any day on which banking institutions in the State of New York are authorized or required by law or other governmental action to close.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Enrich Jose Miguel), Securities Purchase Agreement (Rubicon Technologies, Inc.), Rubicon Technologies, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of that the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by electronic (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. In no event will the Company be required to net cash settle a Warrant exercise.

Appears in 3 contracts

Samples: Standstill Agreement (Jaguar Health, Inc.), Jaguar Health, Inc., Jaguar Health, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this This Warrant may be madeexercised, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid exercise, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased Shares specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank orbank, if available, pursuant to unless the cashless exercise procedure specified referenced in Section 2(c) belowbelow is applicable and specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company to effect an exercise hereunder until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. (It is understood and agreed that to surrender this Warrant to the Company for any purpose under this Warrant, the Holder only needs to e-mail to the Company e-mail address provided in Section 5(h) an electronic copy of the Warrant and state such Xxxxxx’s intent to surrender the Warrant.) Partial exercises exercise of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs purchasedShares set forth in the applicable Notice of Exercise. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 3 contracts

Samples: Harpoon Therapeutics, Inc., Outlook Therapeutics, Inc., Outlook Therapeutics, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary Depositary, as applicable, of a duly executed facsimile copy or PDF copy submitted by electronic mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the ADSs specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire or Bank transfer to the Company’s Bank account (Exhibit A of SPA) or cashier’s check or personal check drawn on a United States bank ormade to the Company, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased exercised all of the Warrant ADSs available hereunder and the Warrant has been exercised in full, in which case, case the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs purchasable issuable hereunder in an amount equal to the applicable number of Warrant ADSs purchasedexercised. The Holder and the Company shall maintain records showing the number of Warrant ADSs purchased issued and the date of such purchasesexercises. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase exercise of a portion of the Warrant ADSs hereunder, the number of Warrant ADSs available for purchase exercise hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 3 contracts

Samples: AnPac Bio-Medical Science Co., Ltd., AnPac Bio-Medical Science Co., Ltd., AnPac Bio-Medical Science Co., Ltd.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mail) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid the Holder shall deliver the aggregate Exercise Price of the Warrant ADSs thereby purchased by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) below. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs purchasable hereunder in an amount equal to the applicable number of Warrant ADSs purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs hereunder, the number of Warrant ADSs available for purchase hereunder at any given time may be less than the amount stated on the face hereof. 1 Insert the date that is the four and one-half (4.5) years anniversary of the Initial Exercise Date, provided that, if such date is not a Trading Day, insert the immediately following Trading Day.

Appears in 3 contracts

Samples: Can-Fite BioPharma Ltd., Can-Fite BioPharma Ltd., Can-Fite BioPharma Ltd.

Exercise of Warrant. Exercise of the 3.1 The purchase rights represented by this Warrant may be made, are exercisable by the Holder in whole or in part, part at any time during the term of this Warrant, or times from time to time, by the surrender of this Warrant and a notice of exercise in the form of the Cash Exercise Form annexed hereto duly completed and executed on or after behalf of the Initial Exercise Date and on or before Holder, at the Termination Date by delivery to office of the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and upon payment in cash, wire transfer or by check acceptable to the Depositary of a duly executed facsimile copy (or .pdf copy via e-mail) Company. In lieu of the Notice payment of the Exercise Price in cash, the form annexed hereto Holder shall have the right (but not the obligation), during the Exercise Period, to require the Company to convert this Warrant (the “Notice of Exercise”"Conversion Right"), in whole or in part, into the Shares as provided for in this Section (the "Net Exercise Shares"). Within Upon exercise of the earlier Conversion Right, the Company shall deliver to the Holder (without payment by the Holder of the Exercise Price) that number of Net Exercise Shares equal to (i) two (2) Trading Days and the number of Shares issuable upon exercise of the portion of the Warrant being converted, multiplied by (ii) the number quotient obtained by dividing (x) the value of Trading Days comprising the Standard Settlement Period Warrant (on a per Share basis) at the time the Conversion Right is exercised (determined by subtracting the Exercise Price (as adjusted) from the Current Market Price (as defined in Section 2(d)(i) herein) following below), for the date of Shares issuable upon exercise as aforesaid the Holder shall deliver the aggregate Exercise Price of the Warrant ADSs thereby purchased by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant immediately prior to the cashless exercise procedure specified in Section 2(cof the Conversion Right) below. No ink-original Notice by (y) the Current Market Price of Exercise shall be required, nor shall any medallion guarantee (or other type one share of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein Common Stock immediately prior to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all exercise of the Warrant ADSs available hereunder and the Warrant has been Conversion Right. The Conversion Rights provided under this Section may be exercised in full, whole or in which casepart and at any time and from time to time while any Warrants remain outstanding. In order to exercise the Conversion Right, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company, at its offices, this Warrant accompanied by a notice of exercise in the form of the Cashless Exercise Form annexed hereto duly completed and executed. Partial exercises The presentation and surrender shall be deemed a waiver of the Holder's obligation to pay all or any portion of the aggregate Exercise Price payable for the Shares being issued upon such exercise of this Warrant. This Warrant (or so much thereof as shall have been surrendered for conversion) shall be deemed to have been converted immediately prior to the close of business on the day of surrender of this Warrant resulting for conversion in purchases of a portion of accordance with the total number of Warrant ADSs available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs purchasable hereunder in an amount equal to the applicable number of Warrant ADSs purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs hereunder, the number of Warrant ADSs available for purchase hereunder at any given time may be less than the amount stated on the face hereofforegoing provisions.

Appears in 3 contracts

Samples: Mdi Entertainment Inc, Mdi Entertainment Inc, Mdi Entertainment Inc

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”)) with a copy of the Notice of Exercise delivered to the Warrant Agent. Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased Shares specified in the applicable Notice of Exercise by wire transfer pursuant to wire instructions provided by the Company or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. Notwithstanding the foregoing in this Section 2(a), a holder whose interest in this Warrant is a beneficial interest in certificate(s) representing this Warrant held in book-entry form through DTC (or another established clearing corporation performing similar functions), shall effect exercises made pursuant to this Section 2(a) by delivering to DTC (or such other clearing corporation, as applicable) the appropriate instruction form for exercise, complying with the procedures to effect exercise that are required by DTC (or such other clearing corporation, as applicable), subject to a Holder’s right to elect to receive a Warrant in certificated form pursuant to the terms of the Warrant Agency Agreement, in which case this sentence shall not apply.

Appears in 3 contracts

Samples: Windtree Therapeutics Inc /De/, Windtree Therapeutics Inc /De/, Windtree Therapeutics Inc /De/

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mail) of the Notice a notice of Exercise exercise substantially in the form annexed hereto (the a “Notice of Exercise”). Within the earlier of ; and, within three (i) two (23) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date said Notice of exercise as aforesaid Exercise is delivered to the Holder Company, the Company shall deliver have received payment of the aggregate Exercise Price of the Warrant ADSs shares thereby purchased by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) belowbank. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall each maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. In the event of any dispute or discrepancy, the records of the Holder shall be controlling and determinative in the absence of manifest error. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 3 contracts

Samples: Securities Purchase Agreement (CASI Pharmaceuticals, Inc.), Securities Purchase Agreement (Sparkle Byte LTD), Entremed Inc

Exercise of Warrant. Exercise Subject to the provisions of Section 2(e) herein, exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two three (23) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. Notwithstanding the foregoing in this Section 2(a), a holder whose interest in this Warrant is a beneficial interest in certificate(s) representing this Warrant held in book-entry form through DTC (or another established clearing corporation performing similar functions), shall effect exercises made pursuant to this Section 2(a) by delivering to DTC (or such other clearing corporation, as applicable) the appropriate instruction form for exercise, complying with the procedures to effect exercise that are required by DTC (or such other clearing corporation, as applicable), subject to a Holder’s right to elect to receive a Warrant in certificated form pursuant to the terms of the Warrant Agency Agreement, in which case this sentence shall not apply.

Appears in 3 contracts

Samples: Dextera Surgical Inc, Dextera Surgical Inc, Dextera Surgical Inc

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company or the Transfer Agent (or such other office or agency of that the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary ), as applicable, of a duly executed facsimile copy or PDF copy submitted by electronic means (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two three (23) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 3 contracts

Samples: AzurRx BioPharma, Inc., AzurRx BioPharma, Inc., Nephros Inc

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) belowbank. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The purchases .The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. Notwithstanding the foregoing in this Section 2(a), a holder whose interest in this Warrant is a beneficial interest in certificate(s) representing this Warrant held in book-entry form through DTC (or another established clearing corporation performing similar functions), shall effect exercises made pursuant to this Section 2(a) by delivering to DTC (or such other clearing corporation, as applicable) the appropriate instruction form for exercise, complying with the procedures to effect exercise that are required by DTC (or such other clearing corporation, as applicable), subject to a Holder’s right to elect to receive a Definitive Certificate as defined in and pursuant to the terms of the Warrant Agreement, in which case this sentence shall not apply.

Appears in 3 contracts

Samples: Common Stock Purchase Warrant (BioCardia, Inc.), Common Stock Purchase Warrant (BioCardia, Inc.), Common Stock Purchase Warrant (BioCardia, Inc.)

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company or Warrant Agent (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company or Warrant Agent for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company or Warrant Agent shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 3 contracts

Samples: Common Stock Purchase Warrant (Aclarion, Inc.), Common Stock Purchase (Auddia Inc.), Common Stock Purchase Warrant (Aclarion, Inc.)

Exercise of Warrant. Exercise Subject to the provisions of Section 2(e) herein, exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two three (23) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of the Warrant ADSs thereby purchased by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) below. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs purchasable hereunder in an amount equal to the applicable number of Warrant ADSs purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs hereunder, the number of Warrant ADSs available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 3 contracts

Samples: Medigus Ltd., Medigus Ltd., Medigus Ltd.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mail) of the Notice of Exercise in the form Form annexed hereto (delivered via facsimile at the facsimile number or by email to the email address set forth on the Notice of Exercise”). Within the earlier of Exercise Form annexed hereto; and, within three (i) two (23) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date said Notice of exercise as aforesaid Exercise is delivered to the Holder Company, the Company shall deliver have received payment of the aggregate Exercise Price of the Warrant ADSs shares thereby purchased by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) below. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise Form within one (1) Trading 1 Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 3 contracts

Samples: Pure Bioscience, Inc., ZBB Energy Corp, ZBB Energy Corp

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Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before but not later than the Termination Date by delivery to the Company (or such other office or agency of that the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by electronic mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) trading days on the trading market on which the ADSs are then listed or quoted (each, a “Trading Days Day”), and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i2(f)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) belowcheck. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs purchasable hereunder in an amount equal to the applicable number of Warrant ADSs purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs hereunder, the number of Warrant ADSs available for purchase hereunder at any given time may be less than the amount stated on the face hereof. In no event will the Company be required to net cash settle a Warrant exercise.

Appears in 3 contracts

Samples: Anchiano Therapeutics Ltd., Anchiano Therapeutics Ltd., Anchiano Therapeutics Ltd.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company or the Transfer Agent (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary ), as applicable, of a duly executed facsimile copy or PDF copy submitted by electronic (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”)hereto. Within the earlier of (i) two three (23) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 3 contracts

Samples: Cel Sci Corp, Cel Sci Corp, Cel Sci Corp

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased Shares specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 3 contracts

Samples: Arch Therapeutics, Inc., Arch Therapeutics, Inc., Arch Therapeutics, Inc.

Exercise of Warrant. Exercise Subject to the provisions of Section 2(e) hereof, exercise of the purchase subscription rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-ink original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased subscribed for all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three five (35) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases subscriptions for of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs purchasable Shares issuable hereunder in an amount equal to the applicable number of Warrant ADSs purchasedShares subscribed for. The Holder and the Company shall maintain records showing the number of Warrant ADSs purchased Shares subscribed for and the date of such purchasessubscriptions. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of subscription for a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase subscription hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 3 contracts

Samples: Share Purchase Warrant (Kalera Public LTD Co), Wisa Technologies, Inc., Kalera Public LTD Co

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased Shares specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 3 contracts

Samples: Common Stock Purchase Warrant (Skye Bioscience, Inc.), Common Stock Purchase Warrant (Skye Bioscience, Inc.), Common Stock Purchase Warrant (Skye Bioscience, Inc.)

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed attached as Exhibit A hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased Shares specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three two (32) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. Without limiting the rights of a Holder to receive Warrant Shares on a “cashless exercise” and without limiting the liquidated damages provision in Section 2(d)(i) and the buy-in provision in Section 2(d)(iv), in no event will the Company be required to net cash settle a Warrant exercise.

Appears in 3 contracts

Samples: Conversion Agreement (Ability Inc.), Ability Inc., Ability Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i2(c)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased Shares specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) belowbank. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days as soon as reasonably practicable of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 3 contracts

Samples: Sigma Additive Solutions, Inc., Collective Audience, Inc., Collective Audience, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed attached as Exhibit A hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased Shares specified in the applicable Notice of Exercise by wire transfer of immediately available funds to a designated Company account or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 3 contracts

Samples: Trio Petroleum Corp., Trio Petroleum Corp., Indonesia Energy Corp LTD

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two three (23) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased Shares specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 3 contracts

Samples: Common Stock Purchase Warrant (Mateon Therapeutics Inc), Check-Cap LTD, Check-Cap LTD

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Commencement Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf or.pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the unpaid portion of the aggregate Exercise Price of for the Warrant ADSs thereby purchased Shares specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 3 contracts

Samples: Common Stock Purchase Warrant (Future FinTech Group Inc.), Alpine 4 Technologies Ltd., Alpine 4 Holdings, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company Corporation (or such other office or agency of that the Company as it Corporation may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the CompanyCorporation) and the Depositary of a duly executed facsimile copy or PDF copy submitted by electronic mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased Shares specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) belowbank. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company Corporation until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company Corporation for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the CompanyCorporation. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company Corporation shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company Corporation shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assigneeHolder, by acceptance of this Warrant, acknowledge acknowledges and agree agrees that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. In no event will the Corporation be required to net cash settle a Warrant exercise.

Appears in 2 contracts

Samples: Save Foods Inc., Save Foods Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within ) and, within the earlier of (i) two 12:00 pm (2Eastern Time) on the second Trading Days Day and (ii) 12:00 pm (Eastern Time) on the number last Trading Day of Trading Days comprising the applicable Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date said Notice of exercise as aforesaid Exercise is delivered to the Holder shall deliver Company, payment of the aggregate Exercise Price of the Warrant ADSs shares thereby purchased pursuant to the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) belowbelow if specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three two (32) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 2 contracts

Samples: Common Stock Purchase Warrant (Mannkind Corp), Agreement (Mannkind Corp)

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary ), as applicable, of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver to the Company or its designee the aggregate Exercise Price of for the Warrant ADSs thereby purchased Shares specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three the earlier of (3i) two (2) Trading Days of the date on which the final Notice of Exercise is delivered to the CompanyCompany and (ii) the number of Trading Days comprising the Standard Settlement Period. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. 1 Insert the date that is the 2.5 year anniversary of the Initial Exercise Date, provided that, if such date is not a Trading Day, insert the immediately following Trading Day. For the avoidance of doubt, (i) there is no circumstance that would require the Company to net cash settle the Warrants and (ii) at any time during which there is no effective registration statement for the issuance of the Warrant Shares, the Company may settle the exercise of the Warrant exercise with unregistered Common Stock.

Appears in 2 contracts

Samples: Intellipharmaceutics International Inc., Intellipharmaceutics International Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or (subject to the limitation set forth in this paragraph 2(a)) in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by (i) delivery to the Company (or such other office office, agency or agency bank of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and of the Depositary of a duly executed facsimile copy (or .pdf copy via e-mail) original of the Notice of Exercise in the form annexed attached hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days as Exhibit A and (ii) payment of the number aggregate Exercise Price for the Common Shares specified in such Notice of Exercise in cash by wire transfer to the bank account in Switzerland as specified in the Notice of Exercise (or to any other bank account in Switzerland as specified by the Company) (the “Bank Account”); provided, that any single exercise shall be for Common Shares with an aggregate Exercise Price of no less than CHF 25,000 (or if the Holder’s purchase rights hereunder shall then be for Common Shares with an aggregate Exercise Price of less than CHF 25,000, such exercise shall be for all Common Shares then subject to purchase hereunder). At the Holder’s election, such Hxxxxx may deposit an executed Notice of Exercise in escrow with the Company and may thereafter provide irrevocable instructions to the Company with information necessary to complete such Notice of Exercise via email sent to LxxxxXxxxx@xxxxxxxxxxxx.xxx. The Company will complete such Notice of Exercise with such information and thereafter release such Notice of Exercise from escrow such that the Notice of Exercise shall be delivered to the Company. Within one (1) Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) Day following the date that a Notice of exercise as aforesaid Exercise is sent to the Company or, if the Notice of Exercise is held in escrow by the Company, the date that the relevant instruction to complete the Notice of Exercise is sent via email to the Company, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure Common Shares specified in Section 2(c) below. No ink-original such Notice of Exercise shall be required, nor shall any to the Bank Account. No medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form shall be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. If there is no effective registration statement under the Securities Act permitting the issuance of Warrant Shares upon exercise of this Warrant, a Holder may not exercise the purchase rights represented by this Warrant unless such Holder, at the time of such exercise, is an Accredited Investor and such Holder, at the Company’s request, represents the same to the Company in writing. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 2 contracts

Samples: Auris Medical Holding AG, Auris Medical Holding AG

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i2(c)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) belowbank. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 2 contracts

Samples: NRX Pharmaceuticals, Inc., NRX Pharmaceuticals, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary ), as applicable, of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver to the Company or its designee the aggregate Exercise Price of for the Warrant ADSs thereby purchased Shares specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three the earlier of (3i) two (2) Trading Days of the date on which the final Notice of Exercise is delivered to the CompanyCompany and (ii) the number of Trading Days comprising the Standard Settlement Period. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. For the avoidance of doubt, (i) there is no circumstance that would require the Company to net cash settle the Warrants and (ii) at any time during which there is no effective registration statement for the issuance of the Warrant Shares, the Company may settle the exercise of the Warrant exercise with unregistered Common Stock.

Appears in 2 contracts

Samples: Intellipharmaceutics International Inc., Intellipharmaceutics International Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”)) subject to the vesting provisions set forth in Section 1(c) hereof. Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) belowbank. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three two (32) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 2 contracts

Samples: Securities Purchase Agreement (H-Cyte, Inc.), Securities Purchase Agreement (Innoveren Scientific, Inc.)

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) belowbank. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 2 contracts

Samples: Guided Therapeutics Inc, Guided Therapeutics Inc

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is permitted at such time and specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 2 contracts

Samples: Brainstorm Cell Therapeutics Inc., Brainstorm Cell Therapeutics Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”)hereto. Within the earlier of (i) two three (23) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased Shares specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 2 contracts

Samples: Bioblast Pharma Ltd., Bioblast Pharma Ltd.

Exercise of Warrant. Exercise Subject to the provisions of Section 2(e) hereof, exercise of the purchase subscription rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-ink original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased subscribed for all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three five (35) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases subscriptions for of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs purchasable Shares issuable hereunder in an amount equal to the applicable number of Warrant ADSs purchasedShares subscribed for. The Holder and the Company shall maintain records showing the number of Warrant ADSs purchased Shares subscribed for and the date of such purchasessubscriptions. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of subscription for a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase subscription hereunder at any given time may be less than the amount stated on the face hereof. Notwithstanding the foregoing in this Section 2(a), a holder whose interest in this Warrant is a beneficial interest in certificate(s) representing this Warrant held in book-entry form through DTC (or another established clearing corporation performing similar functions), shall effect exercises made pursuant to this Section 2(a) by delivering to DTC (or such other clearing corporation, as applicable) the appropriate instruction form for exercise, complying with the procedures to effect exercise that are required by DTC (or such other clearing corporation, as applicable), subject to a Holder’s right to elect to receive a Warrant in certificated form pursuant to the terms of the Warrant Agency Agreement, in which case this sentence shall not apply.

Appears in 2 contracts

Samples: Wisa Technologies, Inc., Wisa Technologies, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company or the Transfer Agent (or such other office or agency of that the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary ), as applicable, of a duly executed facsimile copy or PDF copy submitted by electronic (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three two (32) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 2 contracts

Samples: Conversion Labs, Inc., Ritter Pharmaceuticals Inc

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contraryUpon partial exercise, the Holder Company shall not promptly issue an amended Warrant representing the remaining number of Shares purchasable thereunder. All other terms and conditions of such amended Warrant shall be required identical to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Companythose contained herein. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs hereunder, the number of Warrant ADSs available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 2 contracts

Samples: Subscription Agreement (Epien Medical, Inc.), Epien Medical, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise; provided that the Company and the Holder may mutually agree to pay the aggregate Exercise Price in US dollars at a pre-determined exchange rate. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 2 contracts

Samples: Digihost Technology Inc., Digihost Technology Inc.

Exercise of Warrant. Exercise Subject to the terms and conditions hereof including, without limitation, the limitations set forth in Section 2(e), exercise of the purchase rights represented by this Warrant may be made, in whole or in part, but not less than $50,000 agregate Exercise Price increments (unless the remaining aggregate Exercise Price of the Warrant is less than $50,000), at any time or times on or after the Initial Exercise Date Original Issue Date, and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it the Company may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mail) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of via electronic mail) and within three (i) two (23) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date said Notice of exercise as aforesaid Exercise is delivered to the Holder Company, the Company shall deliver have received payment of the aggregate Exercise Price of the Warrant ADSs shares of Common Stock thereby purchased by wire transfer to an account designated by the Company or cashier’s check drawn on a United States bank or, if available, pursuant to or as otherwise agreed by the cashless exercise procedure specified in Section 2(c) belowparties. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering automatically reduce the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise Form within one two (12) Trading Day Business Days of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Tanzanian Gold Corp), Tanzanian Gold Corp

Exercise of Warrant. Exercise Subject to Section 2(e) herein, exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company or Warrant Agent (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No So long as this Warrant is held in book-entry form and the DTC is the sole registered holder of this Warrant, no ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company or Warrant Agent until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company or Warrant Agent for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company or Warrant Agent shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. 1 Insert the date that is the five-year anniversary of the Initial Exercise Date, provided that, if such date is not a Trading Day, insert the immediately following Trading Day. Notwithstanding the foregoing in this Section 2(a), a Holder whose interest in this Warrant is a beneficial interest in certificate(s) representing this Warrant held in book-entry form through DTC (or another established clearing corporation performing similar functions), shall effect exercises made pursuant to this Section 2(a) by delivering to DTC (or such other clearing corporation, as applicable) the appropriate instruction form for exercise, complying with the procedures to effect exercise that are required by DTC (or such other clearing corporation, as applicable), subject to a Holder’s right to elect to receive a Warrant in certificated form pursuant to the terms of the Warrant Agency Agreement, in which case this sentence shall not apply.

Appears in 2 contracts

Samples: Common Stock Purchase Warrant (reAlpha Tech Corp.), reAlpha Tech Corp.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs purchasable hereunder in an amount equal to the applicable number of Warrant ADSs purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs hereunder, the number of Warrant ADSs available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 2 contracts

Samples: Onion Global LTD, Onion Global LTD

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mail) of the Notice of Exercise in the form annexed hereto and (the “Notice of Exercise”). Within the earlier of unless exercised pursuant to Section 2(f) below) within three (i) two (23) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date said Notice of exercise as aforesaid Exercise is delivered to the Holder Company, the Company shall deliver have received payment of the aggregate Exercise Price of the Warrant ADSs shares thereby purchased by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) belowbank. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day business day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 2 contracts

Samples: Anavex Life Sciences Corp., Anavex Life Sciences Corp.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times and from time to time on or after the Initial Exercise Issue Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mail) of the Notice of Exercise in the form Form annexed hereto (the “Notice of Exercise”) (which delivery may be made in any manner set forth in Section 5.4 of the Purchase Agreement, including without limitation by email). Within the earlier of (i) two (2) ; and, within 3 Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date said Notice of exercise as aforesaid Exercise is delivered to the Holder Company, the Company shall deliver have received payment of the aggregate Exercise Price of the Warrant ADSs shares thereby purchased by wire transfer or cashier’s check drawn on a United States bank orbank, if available, pursuant to the unless payment is being made by cashless exercise procedure specified as provided in Section 2(c) below. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, case the Holder shall surrender this Warrant to the Company for cancellation within three (3) 3 Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company In the event of any dispute or discrepancy, the records of the Holder shall deliver any objection to any Notice be controlling and determinative in the absence of Exercise within one (1) Trading Day of receipt of such noticemanifest error. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 2 contracts

Samples: Fuel Performance Solutions, Inc., Fuel Performance Solutions, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three two (32) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 2 contracts

Samples: Medovex Corp., Medovex Corp.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company or Warrant Agent (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No So long as this Warrant is held in book-entry form and the DTC is the sole registered holder of this Warrant, no ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company or the Warrant Agent until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company or Warrant Agent for cancellation within three (3) Trading Days as soon as reasonably practicable of the date on which the final Notice of Exercise is delivered to the Company, but in any event within three (3) Trading Days. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company or Warrant Agent shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. 1 Insert the date that is the five-year anniversary of the Initial Exercise Date, provided that, if such date is not a Trading Day, insert the immediately following Trading Day. Notwithstanding the foregoing in this Section 2(a), a Holder whose interest in this Warrant is a beneficial interest in certificate(s) representing this Warrant held in book-entry form through DTC (or another established clearing corporation performing similar functions), shall effect exercises made pursuant to this Section 2(a) by delivering to DTC (or such other clearing corporation, as applicable) the appropriate instruction form for exercise, complying with the procedures to effect exercise that are required by DTC (or such other clearing corporation, as applicable), subject to a Holder’s right to elect to receive a Warrant in certificated form pursuant to the terms of the Warrant Agency Agreement, in which case this sentence shall not apply.

Appears in 2 contracts

Samples: Common Stock Purchase Warrant (ReShape Lifesciences Inc.), ReShape Lifesciences Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company or the Transfer Agent (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary ), as applicable, of a duly executed facsimile copy or PDF copy submitted by electronic (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the "Notice of Exercise"). Within the earlier of (i) two three (23) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s 's check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 2 contracts

Samples: Cel Sci Corp, Cel Sci Corp

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company Warrant Agent, or at the office of its successor as it may designate by notice in writing Warrant Agent, and to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary Company of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed attached hereto as Exhibit A (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased Shares specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. Notwithstanding the foregoing, with respect to any Notice(s) of Exercise delivered on or prior to 12:00 p.m. (New York City time) on the Initial Exercise Date, which may be delivered at any time after the time of execution of the Purchase Agreement, the Company agrees to deliver, or cause to be delivered, the Warrant Shares subject to such notice(s) by 4:00 p.m. (New York City time) on the Initial Exercise Date, and the Initial Exercise Date shall be the Warrant Share Delivery Date (as defined below) for purposes hereunder, provided that payment of the aggregate Exercise Price (other than in the case of a cashless exercise) is received by such Warrant Share Delivery Date. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof. Notwithstanding the foregoing in this Section 2(a), a Holder whose interest in this Warrant is a beneficial interest in certificate(s) representing this Warrant held in book-entry form through DTC (or another established clearing corporation performing similar functions), shall effect exercises made pursuant to this Section 2(a) by delivering to DTC (or such other clearing corporation, as applicable) the appropriate instruction form for exercise, complying with the procedures to effect exercise that are required by DTC (or such other clearing corporation, as applicable), subject to a Holder’s right to elect to receive a Warrant in certificated form pursuant to the terms of the Warrant Agent Agreement, in which case this sentence shall not apply.

Appears in 2 contracts

Samples: Warrant Agent Agreement (180 Life Sciences Corp.), Warrant Agent Agreement (180 Life Sciences Corp.)

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times and from time to time on or after the Initial Exercise Issue Date and on or before the Termination Date by delivery to the Company of a duly executed facsimile copy of the Notice of Exercise Form annexed hereto (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy (or .pdf copy via e-mail) ); and, within 3 Trading Days of the date said Notice of Exercise in is delivered to the form annexed hereto (Company, the “Notice Company shall have received payment of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid the Holder shall deliver the aggregate Exercise Price of the Warrant ADSs shares thereby purchased by internal Company transfers (as result of Change of Control Earned Bonus per Constant Agreement between Company and Holder Executed on April 18, 2014), or wire transfer or cashier’s check drawn on a United States bank orbank, if available, pursuant to the unless payment is being made by cashless exercise procedure specified as provided in Section 2(c) below. No ink-original This Warrant shall be deemed to have been exercised, (i) in the case of a cashless exercise under Section 2(b), on the date the Notice of Exercise shall be requiredis delivered to the Company, nor shall any medallion guarantee or (or other type of guarantee or notarizationii) of any Notice of otherwise on the date the Exercise be requiredPrice is received by the Company (the "Exercise Date"). Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, case the Holder shall surrender this Warrant to the Company for cancellation within three (3) 3 Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The In the event of any dispute or discrepancy, the records of the Company shall deliver any objection to any Notice be controlling and determinative in the absence of Exercise within one (1) Trading Day of receipt of such noticemanifest error. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 2 contracts

Samples: DigiPath,Inc., DigiPath,Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise"). Within the earlier of one (i) two (21) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) Day following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 2 contracts

Samples: Cyclacel Pharmaceuticals, Inc., Cyclacel Pharmaceuticals, Inc.

Exercise of Warrant. Exercise Subject to the provisions of Section 2(e) herein, exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Original Issuance Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile copy or PDF copy submitted by e-mail (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”). Within the earlier of (i) two (2) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price of for the Warrant ADSs thereby purchased Shares specified in the applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 2 contracts

Samples: GeoVax Labs, Inc., GeoVax Labs, Inc.

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times (i) on or after the Initial Exercise Date and on or before the Termination Date or (ii) any time following a Change of Control Event occurring before the Initial Exercise Date, by delivery to the Company or the Transfer Agent (or such other office or agency of that the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary ), as applicable, of a duly executed facsimile copy (or .pdf copy via e-mail) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”)hereto. Within the earlier of (i) two (2) three Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein)) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowis specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading two Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 2 contracts

Samples: Common Stock Purchase Warrant (Prism Technologies Group, Inc.), Securities Purchase Agreement (Prism Technologies Group, Inc.)

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Issuance Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books Warrant Register (as defined below) of the Company) and the Depositary of a duly executed facsimile or electronic copy (or .pdf copy via e-mail) of the Notice of Exercise in the form annexed attached hereto as Exhibit A and within three (the “Notice of Exercise”). Within the earlier of (i) two (23) Trading Days and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date said Notice of exercise as aforesaid Exercise is delivered to the Holder Company, the Company shall deliver have received payment of the aggregate Exercise Price of the Warrant ADSs Shares thereby purchased by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to the cashless exercise procedure specified in Section 2(c) belowbank. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the this Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one (1) Trading Business Day of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 2 contracts

Samples: Dynaresource Inc, Dynaresource Inc

Exercise of Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) and the Depositary of a duly executed facsimile PDF copy submitted by email (or .pdf copy via e-mailmail attachment) of the Notice of Exercise in the form annexed hereto (the “Notice of Exercise”)hereto. Within the earlier of (i) two one (21) Trading Days Day and (ii) the number of Trading Days comprising the Standard Settlement Period (as defined in Section 2(d)(i) herein) following the date of exercise as aforesaid aforesaid, the Holder shall deliver the aggregate Exercise Price for the shares specified in the applicable Notice of the Warrant ADSs thereby purchased Exercise by wire transfer or cashier’s check drawn on a United States bank or, if available, pursuant to unless the cashless exercise procedure specified in Section 2(c) belowbelow is permitted by the terms hereof and specified in the applicable Notice of Exercise. No ink-original Notice of Exercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant ADSs Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date on which the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant ADSs Shares available hereunder shall have the effect of lowering the outstanding number of Warrant ADSs Shares purchasable hereunder in an amount equal to the applicable number of Warrant ADSs Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant ADSs Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise within one two (12) Trading Day Business Days of receipt of such notice. Notwithstanding the foregoing, to the extent that the Holder is prevented from exercising this Warrant until the expiration or early termination of all waiting periods imposed by the Xxxx-Xxxxx-Xxxxxx Antitrust Improvements Act of 1976, as amended, then the exercise of this Warrant shall be tolled until the satisfaction, termination or expiration of such waiting periods. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant ADSs Shares hereunder, the number of Warrant ADSs Shares available for purchase hereunder at any given time may be less than the amount stated on the face hereof.

Appears in 2 contracts

Samples: Alimera Sciences Inc, Alimera Sciences Inc

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