Exercise; Transferability. (a) The rights represented by this Warrant may be exercised by the Holder hereof, in whole or in part (but not as to a fractional share of Common Stock) by written notice of exercise (in the form attached hereto) delivered to the Company at the principal office of the Company prior to the expiration of this Warrant and accompanied or preceded by the surrender of this Warrant along with a check in payment of the Warrant Exercise Price for the Warrant Shares being acquired upon such exercise. (b) Until exercisable, this Warrant may not be sold, assigned, hypothecated, or otherwise transferred (other than by will, pursuant to the operation of law, or where directed by a court of competent jurisdiction upon the dissolution or liquidation of a corporate Holder hereof), except to (i) a person who is both an officer and a shareholder of the Representative, (ii) a successor in interest to the business of the Representative, (iii) a person who is both an officer and a shareholder of a successor, or (iv) a person who is an employee of the Representative or a successor, but only if such employee is also an officer of the Representative or successor; such transfer to be by endorsement (by the Holder hereof executing the form of assignment attached hereto) and delivery in the same manner as in the case of a negotiable instrument transferable by endorsement and delivery. Further, this Warrant may not be sold, transferred, assigned, hypothecated or divided into two or more Warrants of smaller denominations, nor may any Warrant Shares issued pursuant to exercise of this Warrant be transferred, except as provided in Section 7 hereof.
Appears in 1 contract
Sources: Common Stock Purchase Warrant (Eco Soil Systems Inc)
Exercise; Transferability. (a) The rights represented by this Warrant may be exercised by the Holder hereof, in whole or in part (but not as to a fractional share of Common StockWarrant Unit) by written notice of exercise (in the form attached hereto) delivered to the Company at the principal office of the Company prior to the expiration of this Warrant and accompanied or preceded by the surrender of this Warrant along with a check in payment of the Warrant Exercise Price for the such Warrant Shares being acquired upon such exerciseUnits.
(b) Until If the Company has redeemed the Redeemable Warrants before the date upon which this Warrant first becomes exercisable, the Holder may, for a period of thirty (30) days beginning on the date on which this Warrant first becomes exercisable, exercise the Redeemable Warrants included in the Warrant Units.
(c) This Warrant may not be sold, assigned, hypothecatedpledged, hypothecated or otherwise transferred (other than by will, pursuant to the operation of law, law or where directed by a court of competent jurisdiction upon the dissolution or liquidation of a corporate Holder hereof), ) except to (i) a person who is both an officer and a shareholder of the Representative, (ii) a successor in interest to the business of the Representative, (iii) a person who is both an officer and a shareholder of a successor, or (iv) a person who is an employee of the Representative or a successor, but only if such employee is also an officer of the Representative or successorUnderwriter; such transfer to be by endorsement (by the Holder hereof executing the form of assignment attached hereto) and delivery in the same manner as in the case of a negotiable instrument transferable by endorsement and delivery. Further, this Warrant may not be sold, transferred, assigned, hypothecated or divided into two or more Warrants of smaller denominations, nor may any Warrant Shares shares of Common Stock or Redeemable Warrants issued pursuant to the exercise of this Warrant or shares of Common Stock issued pursuant to the exercise of the Redeemable Warrants be transferred, except as provided in Section 7 hereof.
Appears in 1 contract
Exercise; Transferability. (a) The rights represented by this Warrant may be exercised by the Holder hereof, in whole or in part (but not as to a fractional share of Common Stock) by written notice of exercise (in the form attached hereto) delivered to the Company at the principal office of the Company prior to the expiration of this Warrant and accompanied or preceded by the surrender of this Warrant along with a check in payment of the Warrant Exercise Price for the Warrant Shares being acquired upon such exercise.
(b) Until exercisable, this Warrant may not be sold, assigned, hypothecated, or otherwise transferred (other than by will, pursuant to the operation of law, or where directed by a court of competent jurisdiction upon the dissolution or liquidation of a corporate Holder hereof), except to (i) a person who is both an officer and a shareholder of the RepresentativeUnderwriter, (ii) a successor in interest to the business of the RepresentativeUnderwriter, (iii) a person who is both an officer and a shareholder of a successor, or (iv) a person who is an employee of the Representative Underwriter or a successor, but only if such employee is also an officer of the Representative Underwriter or successor; such transfer to be by endorsement (by the Holder hereof executing the form of assignment attached hereto) and delivery in the same manner as in the case of a negotiable instrument transferable by endorsement and delivery. Further, this Warrant may not be sold, transferred, assigned, hypothecated or divided into two or more Warrants of smaller denominations, nor may any Warrant Shares issued pursuant to exercise of this Warrant be transferred, except as provided in Section 7 hereof.
Appears in 1 contract
Sources: Underwriting Agreement (Wilsons the Leather Experts Inc)
Exercise; Transferability. (a) The rights represented by this Warrant may be exercised by the Holder hereof, in whole or in part (but not as to a fractional share of Common Stock) ), by written notice of exercise (in the form attached hereto) delivered to the Company at the principal office of the Company prior to the expiration of this Warrant and accompanied or preceded by the surrender of this Warrant Warrant, along with a check in payment of the Warrant Exercise Price for the Warrant Shares being acquired upon such exerciseshares or without payment of cash pursuant to Section 10 hereof.
(b) Until exercisable, this This Warrant may not be sold, assigned, hypothecated, or otherwise transferred (transferred, other than by will, will or pursuant to the operation of law, or where directed by a court of competent jurisdiction upon except after __________, 1998 (one year after the dissolution or liquidation of a corporate Holder hereofEffective Date as defined in the Underwriting Agreement), except this Warrant may be transferred to (i) a person who is both an officer and a shareholder of the Representative, (ii) a successor in interest to the business of the Representative, (iii) a person who is both an officer and a shareholder of a successor, or (iv) a person who is an officer, director, shareholder, employee or registered representative of the Representative or a successor, but only if such employee is also an officer of the Representative or successor; such transfer to be by endorsement (by the Holder hereof executing the form of assignment attached hereto) and delivery in the same manner as in the case of a negotiable instrument transferable by endorsement and deliveryRepresentative. Further, this Warrant may not be sold, transferred, assigned, hypothecated or divided into two or more Warrants of smaller denominations, nor may any Warrant Shares issued pursuant to exercise of this Warrant be transferred, except as provided in Section 7 hereof. Notwithstanding anything herein to the contrary, this Warrant will expire 30 days after a sale or transfer in accordance with Section 7(c) hereof.
Appears in 1 contract
Exercise; Transferability. (a) The rights represented by this Warrant may be exercised by the Holder hereof, in whole or in part (but not as to a fractional share of Common StockWarrant Unit) by written notice of exercise (in the form attached hereto) delivered to the Company at the principal office of the Company prior to the expiration of this Warrant and accompanied or preceded by the surrender of this Warrant along with a check in payment of the Warrant Exercise Price for the such Warrant Shares being acquired upon such exerciseUnits.
(b) Until If the Company has redeemed the Redeemable Warrants before the date upon which this Warrant first becomes exercisable, the Holder may, for a period of thirty (30) days beginning on the date on which this Warrant first becomes exercisable, exercise the Redeemable Warrants included in the Warrant Units.
(c) This Warrant may not be sold, assigned, pledged, hypothecated, or otherwise transferred (other than by will, pursuant to the operation of law, or where directed by a court of competent jurisdiction upon the dissolution or liquidation of a corporate Holder hereof), except to (i) a person who is both an officer and a shareholder of the Representative, (ii) a successor in interest to the business of the Representative, (iii) a person who is both an officer and a shareholder of a successor, or (iv) a person who is an employee of the Representative or a successor, but only if such employee is also an officer of the Representative or successorUnderwriter; such transfer to be by endorsement (by the Holder hereof executing the form of assignment attached hereto) and delivery in the same manner as in the case of a negotiable instrument transferable by endorsement and delivery. Further, this Warrant may not be sold, transferred, assigned, hypothecated or divided into two or more Warrants of smaller denominations, nor may any Warrant Shares shares of Common Stock or Redeemable Warrants issued pursuant to the exercise of this Warrant or shares of Common Stock issued pursuant to the exercise of the Redeemable Warrants be transferred, except as provided in Section 7 hereof.
Appears in 1 contract
Exercise; Transferability. (a) The rights represented by this Warrant may be exercised by the Holder hereof, in whole or in part (but not as to a fractional share of Common StockUnit) by written notice of exercise (in the form attached hereto) delivered to the Company at the principal office of the Company prior to the expiration of this Warrant and accompanied or preceded by the surrender of this Warrant along with a check in payment of the Warrant Exercise Price for the Warrant Shares being acquired upon such exerciseUnits.
(b) Until exercisable, this This Warrant may not be sold, assigned, hypothecated, or otherwise transferred for a period of one year from the effective date of the Offering (other than by will, pursuant to the operation of law, or where directed by a court of competent jurisdiction upon the dissolution or liquidation of a corporate Holder hereof), except to (i) a person who is both an officer and a shareholder or partner of the RepresentativeUnderwriter, (ii) a successor in interest to the business of the RepresentativeUnderwriter, (iii) a person who is both an officer and a shareholder or partner of a successor, (iv) a member of the selling group, or (ivv) a person who is an employee officer or partner of a member of the Representative or a successor, but only if such employee is also an officer of the Representative or successorselling group; such transfer to be by endorsement (by the Holder hereof executing the form of assignment attached hereto) and delivery in the same manner as in the case of a negotiable instrument transferable by endorsement and delivery. Further, this Warrant may not be sold, transferred, assigned, hypothecated or divided into two or more Warrants of smaller denominations, nor may any Warrant Shares shares of Common Stock or Redeemable Warrants issued pursuant to exercise of this Warrant be transferred, except as provided in Section 7 hereof.
Appears in 1 contract
Sources: Underwriting Agreement (Choicetel Communications Inc /Mn/)