Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 68 contracts
Samples: Investor Rights Agreement (Comscore, Inc.), Agreement (Nimblegen Systems Inc), Agreement (Nimblegen Systems Inc)
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred Common Stock is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred Common Stock upon such expiration shall be determined pursuant to Section 10.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 31 contracts
Samples: Loan and Security Agreement (Depomed Inc), Loan Agreement (Environmental Impact Acquisition Corp), Interleukin Genetics Inc
Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant is not previously exercised as to all of the Shares Common Stock subject hereto, and if the fair market value of one share of the Series Preferred Common Stock is greater than the Warrant Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above 3(a) (even if not surrendered) immediately before its expirationthe expiration of the Warrant Term. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred Common Stock upon such expiration shall be determined pursuant to Section 10.2(c3(a). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.33(b), the Company agrees to promptly notify the holder hereof Warrantholder of the number of Sharesshares of Common Stock, if any, the holder hereof Warrantholder is to receive by reason of such automatic exercise.
Appears in 13 contracts
Samples: Warrant Agreement (Paratek Pharmaceuticals, Inc.), Warrant Agreement (Acelrx Pharmaceuticals Inc), Warrant Agreement (Provention Bio, Inc.)
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3, the Company agrees to promptly notify the holder hereof hereof, upon request of the holder hereof, of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 13 contracts
Samples: Ambit Biosciences Corp, Ambit Biosciences Corp, Ambit Biosciences Corp
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred Common Stock is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred Common Stock upon such expiration shall be determined pursuant to Section 10.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 12 contracts
Samples: Nivalis Therapeutics, Inc., Nivalis Therapeutics, Inc., Nivalis Therapeutics, Inc.
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares Preferred Stock subject hereto, and if the fair market value of one share of the Series Preferred is greater than the Warrant Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 3(a) above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred Stock upon such expiration shall be determined pursuant to Section 10.2(c)3(a) above. To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.33(b), the Company agrees to promptly notify the holder hereof Warrantholder of the number of SharesPreferred Stock, if any, the holder hereof Warrantholder is to receive by reason of such automatic exercise.
Appears in 8 contracts
Samples: Warrant Agreement (Comscore, Inc.), Warrant Agreement (IPC the Hospitalist Company, Inc.), Warrant Agreement (Comscore, Inc.)
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred Common Stock is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred Common Stock upon such expiration shall be determined pursuant to Section 10.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3, the Company agrees to promptly upon written request of any Holder notify the holder Holders hereof of the number of Shares, if any, the holder Holders hereof is to receive by reason of such automatic exercise.
Appears in 7 contracts
Samples: Note Purchase Agreement (Kennedy Wilson Inc), Note Purchase Agreement (Kennedy Wilson Inc), Note Purchase Agreement (Kennedy Wilson Inc)
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all shares of the Shares Capital Stock subject hereto, and if the fair market value of one share of the Series Preferred Capital Stock is greater than the Warrant Exercise Price then in effect, this Warrant shall be deemed automatically exercised by a Net Issuance pursuant to Section 10.2 above 3(a) (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred Capital Stock upon such expiration shall be determined pursuant to Section 10.2(c3(a). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.33(b), the Company agrees to promptly notify the holder hereof Warrantholder of the number of Sharesshares of Capital Stock, if any, the holder hereof Warrantholder is to receive by reason of such automatic exercise.
Appears in 5 contracts
Samples: Credit Agreement (Intuity Medical, Inc.), Warrant Agreement (Intuity Medical, Inc.), Warrant Agreement (Intuity Medical, Inc.)
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one ordinary share of the Series Preferred is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one ordinary share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 5 contracts
Samples: Stealth BioTherapeutics Corp, Stealth BioTherapeutics Corp, Stealth BioTherapeutics Corp
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred Share is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 9.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred Share upon such expiration shall be determined pursuant to Section 10.2(c9.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.39.3, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 4 contracts
Samples: CVRx, Inc., CVRx, Inc., CVRx, Inc.
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred Common Stock is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 4 contracts
Samples: Warrant (Dot Hill Systems Corp), Dot Hill Systems Corp, Dot Hill Systems Corp
Exercise Prior to Expiration. To the extent this Warrant is not ---------------------------- previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 10.3 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c10.3(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.310.4, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 4 contracts
Samples: Intercreditor Agreement (Corsair Communications Inc), Loan and Security Agreement (Corsair Communications Inc), Corsair Communications Inc
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred Common Stock is greater than the Warrant Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 3(b) above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred Common Stock upon such expiration shall be determined pursuant to Section 10.2(c3(b). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.310(b), the Company agrees to promptly notify the holder hereof Holder of the number of Shares, if any, the holder hereof Holder is to receive by reason of such automatic exercise.
Appears in 4 contracts
Samples: Loan and Security Agreement (Mavenir Systems Inc), Loan and Security Agreement (Mavenir Systems Inc), Mavenir Systems Inc
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 3(b) above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c3(b). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.312(b), the Company agrees to promptly notify the holder hereof Holder of the number of Shares, if any, the holder hereof Holder is to receive by reason of such automatic exercise.
Appears in 4 contracts
Samples: Revance Therapeutics, Inc., Revance Therapeutics, Inc., Trade Desk, Inc.
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred Applicable Stock is greater than the Warrant Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 3(b) above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred Applicable Stock upon such expiration shall be determined pursuant to Section 10.2(c3(b). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.310(b), the Company agrees to promptly notify the holder hereof Holder of the number of Shares, if any, the holder hereof Holder is to receive by reason of such automatic exercise.
Appears in 4 contracts
Samples: 01 (Adaptive Insights Inc), Adaptive Insights Inc, Upwork Inc.
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 10.1 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c10.1(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.310.2, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 3 contracts
Samples: Comscore, Inc., Comscore, Inc., Comscore, Inc.
Exercise Prior to Expiration. To the extent this Warrant is has not been previously exercised as to all of the Shares subject heretoany Warrant Units issuable hereunder, and if the fair market value of one share Warrant Unit immediately before expiration of the Series Preferred Warrant is greater than the Warrant Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to the Net Exercise provisions in Section 10.2 above 1(c) (even if not surrendered) immediately before its expiration. For purposes of In such automatic exerciseevent, the fair market value of one share of the Series Preferred upon such expiration Warrant Unit shall be determined pursuant to Section 10.2(c1(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.31(d), the Company agrees to promptly notify the holder hereof Holder of the number of SharesUnits, if any, and any other property, which the holder hereof Holder is entitled to receive by reason of such automatic exercise.
Appears in 3 contracts
Samples: Forbearance Agreement (Advanced BioEnergy, LLC), HGF Credit Agreement (Advanced BioEnergy, LLC), Advanced BioEnergy, LLC
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 11.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c11.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.311.3, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 3 contracts
Samples: Metabasis Therapeutics Inc, Metabasis Therapeutics Inc, Metabasis Therapeutics Inc
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all al of the Shares subject hereto, and if the fair market value of one share of the Series Preferred Common Stock is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (2 hereof on a “cashless” basis, if available, even if not surrendered) , immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration Common Stock shall be determined pursuant to Section 10.2(c)10.2. To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to under this Section 10.3, the Company agrees to promptly notify the holder hereof of the number of SharesShares or other consideration, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 2 contracts
Samples: Satcon Technology Corp, Satcon Technology Corp
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred Common Stock is greater than the Warrant Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 10.3 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c10.3(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.310.4, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 2 contracts
Samples: Rhythms Net Connections Inc, Rhythms Net Connections Inc
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares Warrant Stock subject hereto, and if the fair market value of one share of the Series Preferred Warrant Stock is greater than the Warrant Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above 3(a) (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred Warrant Stock upon such expiration shall be determined pursuant to Section 10.2(c3(a). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.33(b), the Company agrees to promptly notify the holder hereof Warrantholder of the number of Sharesshares of Warrant Stock, if any, the holder hereof Warrantholder is to receive by reason of such automatic exercise.
Appears in 2 contracts
Samples: Warrant Agreement (Horizon Pharma, Inc.), Warrant Agreement (Horizon Pharma, Inc.)
Exercise Prior to Expiration. To the extent this Warrant is not ---------------------------- previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 2 contracts
Samples: Loan and Security Agreement (Netscreen Technologies Inc), Onvia Com Inc
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred Share is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred Share upon such expiration shall be determined pursuant to Section 10.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 2 contracts
Samples: Mohawk Group Holdings, Inc., Mohawk Group Holdings, Inc.
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 10.3 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c10.3(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.310.4, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 2 contracts
Samples: Signal Pharmaceuticals Inc, Signal Pharmaceuticals Inc
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3, the Company agrees to promptly notify the holder hereof of the number of Sharesshares of Series Preferred, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: eASIC Corp
Exercise Prior to Expiration. To the extent this Warrant is ----------------------------- not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred Common Stock is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 10.3 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c10.3(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.310.4, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: Loan Agrloan and Security Agreement (Pilot Network Services Inc)
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred Stock is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred Stock upon such expiration shall be determined pursuant to Section 10.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: Acadia Pharmaceuticals Inc
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred Share is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 9.1 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred Share upon such expiration shall be determined pursuant to Section 10.2(c9.1 (c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.39.2, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: Comscore, Inc.
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject heretohereto and is otherwise exercisable pursuant to Section 1 hereof, and if the fair market value of one share of the Series Preferred Common Stock is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred Common Stock upon such expiration shall be determined pursuant to Section 10.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: Stockholders Agreement (DSL Net Inc)
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred Common Stock is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 11.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred Common Stock upon such expiration shall be determined pursuant to Section 10.2(c11.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.311.3, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: Titan Pharmaceuticals Inc
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3, ; the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: Impinj Inc
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred Applicable Stock is greater than the Warrant Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 3(b) above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred Applicable Stock upon such expiration shall be determined pursuant to Section 10.2(c3(b). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.310(b), the Company agrees to co promptly notify the holder hereof Holder of the number of Shares, if any, the holder hereof Holder is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: Loan and Security Agreement (Adaptive Insights Inc)
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred Share is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 9.1 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred Share upon such expiration shall be determined pursuant to Section 10.2(c9.l(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.39.2, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: Comscore, Inc.
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Warrant Shares subject hereto, and if the fair market value of one share of the Series Preferred Common Stock is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred Common Stock upon such expiration shall be determined pursuant to Section 10.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3, the Company agrees to promptly notify the holder hereof of the number of Warrant Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: Stock and Warrant Purchase Agreement (Inhibitex Inc)
Exercise Prior to Expiration. To the extent this Warrant is not ---------------------------- previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred Common Stock is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred Common Stock upon such expiration shall be determined pursuant to Section 10.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: Xenogen Corp
Exercise Prior to Expiration. To Except as provided in Section 1 of this Warrant, to the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: Colo Com
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 3(b) above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c3(b). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3l0(b), the Company agrees to promptly notify the holder hereof Holder of the number of Shares, if any, the holder hereof Holder is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: Mobitv Inc
Exercise Prior to Expiration. To the extent this Warrant Agreement is not previously exercised as to all of the Shares Series A Preferred Stock subject hereto, and if the fair market value of one share of the Series A Preferred Stock is greater than the Warrant Exercise Price then in effect, this Warrant Agreement shall be deemed automatically exercised pursuant to Section 10.2 above 4(a) (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series A Preferred Stock upon such expiration shall be determined pursuant to Section 10.2(c)4(a) of this Agreement. To the extent this Warrant Agreement or any portion thereof is deemed automatically exercised pursuant to this Section 10.34(b), the Company agrees to promptly notify the holder hereof Warrantholder of the number of Sharesshares of Series A Preferred Stock, if any, the holder hereof Warrantholder is to receive by reason of such automatic exercise.
Appears in 1 contract
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 3(b) above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c3(b). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.311(b), the Company agrees to promptly notify the holder hereof Holder of the number of Shares, if any, the holder hereof Holder is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: Vocera Communications, Inc.
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 3(b) above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c3(b). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.310(b), the Company agrees to promptly notify the holder hereof Holder of the number of Shares, if any, the holder hereof Holder is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: Peninsula Acquisition Corp
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one (1) share of the Series Preferred is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one (1) share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: Intarcia Therapeutics, Inc
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c10.2 (c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: Egenera, Inc.
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 9.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c9.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3Section, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: TorreyPines Therapeutics, Inc.
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject heretohereto prior to its expiration, and if the fair market value of one share of the Series Preferred is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3, the Company agrees to promptly notify the holder Holder hereof of the number of Shares, if any, the holder Holder hereof is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: Atheros Communications Inc
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares Common Stock subject hereto, and if the fair market value of one share of the Series Preferred Common Stock is greater than the Warrant Exercise Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above 3(a) (even if not surrendered) immediately before its expirationexpiration or earlier termination. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred Common Stock upon such expiration or earlier termination shall be determined pursuant to Section 10.2(c3(a). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.33(b), the Company agrees to promptly notify the holder hereof Warrantholder of the number of Sharesshares of Common Stock, if any, the holder hereof Warrantholder is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: Panacos Warrant Agreement (Panacos Pharmaceuticals, Inc.)
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred Common Stock is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred Common Stock upon such expiration shall be determined pursuant to Section 10.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3, the Company agrees to promptly upon written request of any Holder notify the holder Holders hereof of the number of Shares, if any, the holder Holders hereof is are to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: Kennedy Wilson Inc
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3, the Company agrees to promptly notify the holder Holder hereof of the number of Shares, if any, the holder Holder hereof is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: Authentec Inc
Exercise Prior to Expiration. To the extent this Warrant is ----------------------------- not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 10.3 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c10.3(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.310.4, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: Microsoft Corp
Exercise Prior to Expiration. To the extent this Warrant is not previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c10.2(C). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: Equipment Loan and Security Agreement (Anadys Pharmaceuticals Inc)
Exercise Prior to Expiration. To the extent this Warrant is not -------------- ------------- previously exercised as to all of the Shares subject hereto, and if the fair market value of one share of the Series Preferred is greater than the Warrant Price then in effect, this Warrant shall be deemed automatically exercised pursuant to Section 10.2 above (even if not surrendered) immediately before its expiration. For purposes of such automatic exercise, the fair market value of one share of the Series Preferred upon such expiration shall be determined pursuant to Section 10.2(c). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 10.3, the Company agrees to promptly notify the holder hereof of the number of Shares, if any, the holder hereof is to receive by reason of such automatic exercise.
Appears in 1 contract
Samples: Onvia Com Inc