**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of an Exercise Share by such fraction.

*Appears in 127 contracts*

Samples: Warrant to Purchase Preferred Stock (Progyny, Inc.), Warrant to Purchase Preferred Stock (Progyny, Inc.), Warrant to Purchase Common Stock (Ziopharm Oncology Inc)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) ~~issuable ~~ to be issued upon exercise of this Warrant ~~may ~~ shall be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of ~~an ~~ one Exercise Share by such fraction.

*Appears in 53 contracts*

Samples: Warrant to Purchase Common Stock (Electromedical Technologies, Inc), Warrant (1Life Healthcare Inc), Stock Warrant (Northwest Biotherapeutics Inc)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the ~~Company ~~ Corporation shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of an Exercise Share by such fraction.

*Appears in 37 contracts*

Samples: Warrant to Purchase Common Stock (Cedric Kushner Promotions Inc), Warrant (AeroGrow International, Inc.), Warrant to Purchase Common Stock (ARCA Biopharma, Inc.)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying ~~ such fractional amount by the ~~~~then current fair market value ~~ Fair Market Value of ~~an Exercise Share by such fraction~~ one share of Common Stock.

*Appears in 9 contracts*

Samples: World Airways Inc /De/, World Airways Inc /De/, World Airways Inc /De/

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise ~~ Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current ~~fair market value ~~ Fair Market Value of ~~an Exercise ~~ a Share by such fraction.

*Appears in 9 contracts*

Samples: Warrant to Purchase Preferred Stock (Cardionet Inc), Warrant to Purchase Common Stock (Ambit Biosciences Corp), Warrant (Cardionet Inc)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the ~~Company shall, in lieu ~~ number of ~~issuance of any fractional share, pay the Holder otherwise entitled ~~ Exercise Shares to ~~such fraction a sum in cash equal ~~ be issued will be rounded down to the ~~product resulting from multiplying the then current fair market value of an Exercise Share by such fraction~~ nearest whole share.

*Appears in 6 contracts*

Samples: Warrant to Purchase Common Stock (Zoo Entertainment, Inc), Warrant to Purchase Common Stock (Zoo Entertainment, Inc), Warrant (Azur Pharma Public LTD Co)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. ~~All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, ~~ If the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of an Exercise Share by such fraction.

*Appears in 6 contracts*

Samples: Warrant to Purchase Preferred Stock (EPIRUS Biopharmaceuticals, Inc.), Warrant to Purchase Preferred Stock (EPIRUS Biopharmaceuticals, Inc.), Warrant to Purchase Preferred Stock (EPIRUS Biopharmaceuticals, Inc.)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the ~~Company ~~ Corporation shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the ~~then current fair market value of an ~~ Exercise ~~Share ~~ Price by such fraction.

*Appears in 5 contracts*

Samples: Warrant (Planetout Inc), Warrant (Planetout Inc), Warrant (Planetout Inc)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise ~~ Warrant Shares (including ~~fractions~~ fractional shares) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay ~~ to the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current ~~~~fair market value of an Exercise ~~ Fair Market Value per Warrant Share by such fraction.

*Appears in 5 contracts*

Samples: Warrant (Levine Leichtman Capital Partners Ii Lp), Warrant (Levine Leichtman Capital Partners Ii Lp), Amendment to Securities Purchase Agreement (Levine Leichtman Capital Partners Ii Lp)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise ~~ Warrant Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of an Exercise Share by such fraction.

*Appears in 5 contracts*

Samples: Warrant (Maiden Holdings, Ltd.), Warrant (Maiden Holdings, Ltd.), Warrant (Maiden Holdings, Ltd.)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then ~~current fair market value ~~ Current Market Price (as of the applicable exercise date) of an Exercise Share by such fraction.

*Appears in 4 contracts*

Samples: Warrant to Purchase Common Stock (Alexza Pharmaceuticals Inc.), Warrant to Purchase Common Stock (Alexza Pharmaceuticals Inc.), Warrant to Purchase Common Stock (Isis Pharmaceuticals Inc)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current ~~fair market value ~~ Fair Market Value of an Exercise Share by such fraction.

*Appears in 4 contracts*

Samples: Warrant to Purchase Common Stock (Jazz Semiconductor Inc), Warrant to Purchase Common Stock (Idm Pharma, Inc.), Warrant to Purchase Common Stock (Jazz Semiconductor Inc)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise ~~ Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of ~~any ~~ a fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay ~~the ~~ Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of ~~an Exercise ~~ a Share by such fraction.

*Appears in 4 contracts*

Samples: Warrant (Zogenix, Inc.), Warrant (Exagen Inc.), Warrant (Exagen Diagnostics Inc)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise ~~ Equity Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of ~~any ~~ a fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay ~~the ~~ Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of ~~an Exercise Share ~~ a New Preferred Stock Shares by such fraction.

*Appears in 3 contracts*

Samples: Skinmedica Inc, Skinmedica Inc, Skinmedica Inc

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the ~~then current fair market value of an ~~ Exercise ~~Share ~~ Price by such fraction.

*Appears in 3 contracts*

Samples: Securities Purchase Agreement (Puissance Cross-Border Opportunities v LLC), Warrant to Purchase Common Stock (Geospatial Holdings, Inc.), Warrant to Purchase Common Stock (Geospatial Holdings, Inc.)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) ~~issuable ~~ to be issued upon exercise of this Warrant ~~may ~~ shall be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market ~~value ~~ value, as defined in Section 2, of ~~an ~~ one Exercise Share by such fraction.

*Appears in 3 contracts*

Samples: Warrant (Shotspotter, Inc), Warrant (Shotspotter, Inc), Warrant (Shotspotter, Inc)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise ~~ Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of ~~an Exercise ~~ a Share by such fraction.

*Appears in 3 contracts*

Samples: Warrant to Purchase Stock (Mascoma Corp), Warrant (Mevion Medical Systems, Inc.), Warrant to Purchase Stock (Mascoma Corp)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise Shares ~~ shares of Stock (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of ~~an Exercise Share ~~ a share of Stock by such fraction.

*Appears in 3 contracts*

Samples: Warrant to Purchase Stock (Clarus Therapeutics Inc), Warrant to Purchase Stock (Clarus Therapeutics Inc), Warrant to Purchase Stock (Clarus Therapeutics Inc)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise Shares ~~ shares of Warrant Stock (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of ~~an Exercise Share ~~ a share of Warrant Stock by such fraction.

*Appears in 3 contracts*

Samples: Warrant to Purchase Stock (HTG Molecular Diagnostics, Inc), Warrant to Purchase Stock (HTG Molecular Diagnostics, Inc), Warrant to Purchase Stock (Omthera Pharmaceuticals, Inc.)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this ~~Warrant ~~ Warrant, including as a consequence of any adjustment pursuant hereto. ~~All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, ~~ If the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of an Exercise Share ~~ (determined as provided in Section 2.2 hereof) by such fraction ~~~~ ; provided, however, that the Company may elect in its sole discretion to issue the next higher number of full shares of Common Stock by issuing a full share with respect to such fractional share.~~

*Appears in 3 contracts*

Samples: Warrant to Purchase Common Stock (Exelixis Inc), Warrant to Purchase Common Stock (Exelixis Inc), Warrant to Purchase Common Stock (Exelixis Inc)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value ~~ (determined in accordance with Section 3.2) of an Exercise Share by such fraction.~~

*Appears in 2 contracts*

Samples: Warrant to Purchase Common Stock (Multicell Technologies Inc.), Warrant to Purchase Common Stock (Multicell Technologies Inc.)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the ~~then ~~ then-current fair market value of an Exercise Share by such fraction.

*Appears in 2 contracts*

Samples: Warrant to Purchase Common Stock (Roche Holding LTD), Senseonics Holdings, Inc.

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the ~~Holder ~~ holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of an Exercise Share by such fraction.

*Appears in 2 contracts*

Samples: Warrant to Purchase Common Stock (Cerecor Inc.), Warrant to Purchase Common Stock (Cerecor Inc.)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) ~~issuable ~~ to be issued upon exercise of this Warrant ~~may ~~ shall be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in ~~ EXECUTION VERSION lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of ~~~~an ~~ one Exercise Share by such fraction.

*Appears in 2 contracts*

Samples: Toucan Capital Fund II, LP, Northwest Biotherapeutics Inc

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) ~~issuable ~~ to be issued upon exercise of this Warrant ~~may ~~ shall be aggregated for purposes ~~of determining ~~ ofdetermining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of ~~an ~~ one Exercise Share by such fraction.

*Appears in 2 contracts*

Samples: Loan Agreement (Upholstery International, Inc.), Loan Agreement (Upholstery International, Inc.)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise ~~ Warrant Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, ~~ at its option, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then ~~~~current fair market value ~~ Current Market Price of ~~an Exercise ~~ a Warrant Share by such fraction ~~ , or round up such fraction to the next whole number of Warrant Shares.~~

*Appears in 2 contracts*

Samples: Warrant to Purchase Common Stock (Lime Energy Co.), Warrant to Purchase Common Stock (Lime Energy Co.)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise ~~ Warrant Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the ~~then current ~~ fair market value of ~~an Exercise Share ~~ the Common Stock on the date of exercise of the Warrant by such fraction.

*Appears in 2 contracts*

Samples: Memory Pharmaceuticals Corp, Memory Pharmaceuticals Corp

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise ~~ Warrant Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of an ~~Exercise ~~ Warrant Share by such fraction.

*Appears in 2 contracts*

Samples: Securities Purchase Agreement (Amarin Corp Plc\uk), Contract (Amarin Corp Plc\uk)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise Shares ~~ shares of Common Stock (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of ~~any ~~ a fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay ~~the ~~ Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of ~~an Exercise Share ~~ a share of Common Stock (as determined in good faith by the Board of Directors of the Company) by such fraction.

*Appears in 2 contracts*

Samples: Phathom Pharmaceuticals, Inc., Phathom Pharmaceuticals, Inc.

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise Shares ~~ shares of Warrant Stock (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay ~~the ~~ Holder ~~otherwise entitled to such fraction ~~ a sum in cash equal to the ~~product resulting from multiplying the then current fair market value ~~ Fair Market Value of ~~an Exercise Share by ~~ such ~~fraction~~ fractional share.

*Appears in 2 contracts*

Samples: Warrant (Akesis Pharmaceuticals, Inc.), Warrant (Otonomy, Inc.)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant ~~ or as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the ~~~~then current ~~ fair market value of ~~an Exercise Share ~~ the Common Stock on the date of exercise of this Warrant or adjustment pursuant hereto by such fraction ~~ , provided the payment exceeds $5.00.~~

*Appears in 2 contracts*

Samples: Royalty Agreement (Columbia Laboratories Inc), Warrant to Purchase Common Stock (Columbia Laboratories Inc)

**Fractional Shares**. No fractional shares ~~shall ~~ will be issued upon the exercise of this Warrant ~~ or as a consequence of any adjustment ~~~~pursuant hereto~~ under this Warrant. All Exercise Shares (including fractions) ~~issuable ~~ to be issued upon exercise of this Warrant ~~may ~~ will be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the ~~Company shall~~ Company, in lieu of issuance of any fractional share, ~~ will pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of ~~~~an ~~ one Exercise Share by such fraction.

*Appears in 2 contracts*

Samples: Investment Agreement (AMERICAS ENERGY Co - AECO), Investment Agreement (AMERICAS ENERGY Co - AECO)

**Fractional Shares**. ~~No fractional shares ~~ The Company shall ~~ not be ~~~~issued ~~ required upon ~~the ~~ any exercise of this Warrant ~~as ~~ to issue a ~~consequence ~~ certificate representing any fraction of ~~ a Share. If any ~~~~adjustment pursuant hereto. All Exercise Shares (including fractions) ~~ fraction of a Share would, but for this Section, be issuable upon ~~ final exercise of this Warrant ~~~~may be aggregated ~~ (and after aggregating all Warrants presented for ~~purposes ~~ exercise by the Holder), in lieu of ~~determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a ~~ such fractional share, the Company ~~shall, in lieu of issuance of ~~ shall purchase from the Holder any fractional ~~share, pay ~~ Shares created as a result of such final exercise by cash payment to the Holder ~~otherwise entitled to such fraction a sum ~~ in ~~cash ~~ an amount equal to the ~~product resulting from multiplying ~~ same fraction of its Fair Market Value per Share as of the ~~then current fair market value ~~ date of ~~an Exercise Share by such fraction~~ exercise.

*Appears in 2 contracts*

Samples: Hudson Technologies Inc /Ny, Hudson Technologies Inc /Ny

**Fractional Shares**. ~~No ~~ NO fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. ~~All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, ~~ If the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of an Exercise Share by such fraction.

*Appears in 1 contract*

**Fractional Shares**. No fractional ~~shares ~~ share shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of an Exercise Share by such fraction.

*Appears in 1 contract*

Samples: Stock and Warrant Purchase Agreement (Net TALK.COM, Inc.)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this ~~ Restated Warrant as a consequence of any adjustment pursuant hereto. All ~~~~Exercise ~~ Shares (including fractions) issuable upon exercise of this ~~ Restated Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current ~~~~fair market value ~~ Fair Market Value of ~~an Exercise ~~ a Share by such fraction.

*Appears in 1 contract*

Samples: Cardionet Inc

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise ~~ Equity Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of ~~any ~~ a fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay ~~the ~~ Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of ~~an Exercise ~~ a New Equity Share by such fraction.

*Appears in 1 contract*

Samples: Warrant (Skinmedica Inc)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, ~~ 6. 7 the exercise would result in the issuance of a fractional share, the ~~~~Company ~~ Corporation shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of an Exercise Share by such fraction.

*Appears in 1 contract*

Samples: Notice (Lightspan Partnership Inc)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, ~~ A-4 5 the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current ~~~~fair market value ~~ Per Share Market Value of an Exercise Share by such fraction.

*Appears in 1 contract*

Samples: Warrant to Purchase Common Stock (Bolder Technologies Corp)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional ~~share, ~~ share (a) the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the ~~then ~~ then-current fair market value of an Exercise Share by such ~~fraction~~ fraction and (b) the number of Exercise Shares to be issued will be rounded down to the nearest whole share.

*Appears in 1 contract*

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, ~~the Company ~~ Cypress shall, in lieu of issuance of any fractional share, pay ~~the Holder ~~ Pierre Fabre otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of an Exercise Share by such fraction.

*Appears in 1 contract*

Samples: Warrant to Purchase Common Stock (Cypress Bioscience Inc)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay ~~the ~~ Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current ~~fair market value ~~ Fair Market Value of an Exercise Share by such fraction.

*Appears in 1 contract*

Samples: Warrant to Purchase Common Stock (Powerwave Technologies Inc)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash ~~ 5. 29 equal to the product resulting from multiplying the then current fair market value of an Exercise Share by such fraction.~~

*Appears in 1 contract*

Samples: Aradigm Corp

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash ~~ 5. 6 equal to the product resulting from multiplying the then current fair market value of an Exercise Share by such fraction.~~

*Appears in 1 contract*

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying ~~ such fractional amount by the ~~~~then current fair market value ~~ Fair Market Value of ~~an Exercise Share by such fraction~~ one share of Class B Common.

*Appears in 1 contract*

Samples: Warrant (America West Holdings Corp)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the ~~then current ~~ fair market value of ~~an Exercise Share ~~ the Common Stock on the date of exercise of this Warrant by such fraction.

*Appears in 1 contract*

Samples: Warrant to Purchase Common Stock (Columbia Laboratories Inc)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then ~~current fair market value ~~ Closing Market Price (as of the applicable exercise date) of an Exercise Share by such fraction.

*Appears in 1 contract*

Samples: Warrant (Oxigene Inc)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current ~~fair market value ~~ Fair Market Value (as of the applicable exercise date) of an Exercise Share by such fraction.

*Appears in 1 contract*

Samples: Form of Warrant (Ciprico Inc)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current ~~fair market value ~~ closing price of ~~an Exercise Share ~~ the Common Stock on the principal securities exchange on which the Common Stock is listed by such fraction.

*Appears in 1 contract*

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of ~~an Exercise Share ~~ a share of Stock by such fraction.

*Appears in 1 contract*

Samples: Warrant to Purchase Stock (Clarus Therapeutics Inc)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of an Exercise Share ~~ (as deteremined pursuant to Section 2.2 hereof) by such fraction.~~

*Appears in 1 contract*

Samples: Warrant to Purchase Common Stock (Website Pros Inc)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the ~~Company ~~ Corporation shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of an Exercise Share by such ~~fraction~~ fractions.

*Appears in 1 contract*

Samples: Warrant to Purchase Common Stock (Requisite Technology Inc /Co)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the ~~Company ~~ Seller shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of an Exercise Share by such fraction.

*Appears in 1 contract*

Samples: Warrant to Purchase Common Stock (Brody Christopher W)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result ~~in ~~ is the issuance of a fractional share, the ~~Company ~~ Corporation shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the ~~then current fair market value of an ~~ Exercise ~~Share ~~ Price by such fraction.

*Appears in 1 contract*

Samples: Warrant (Planetout Inc)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional ~~share~~ shares. If, after aggregation, the exercise would result in the issuance of a fractional share, the ~~Company ~~ Corporation shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of an Exercise Share by such fraction.

*Appears in 1 contract*

Samples: Warrant to Purchase Common Stock (Provide Commerce Inc)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) ~~issuable ~~ to be issued upon exercise of this Warrant ~~may ~~ shall be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, ~~the Company ~~ Evofem shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of ~~an ~~ one Exercise Share by such fraction.

*Appears in 1 contract*

Samples: Warrant to Purchase Common Stock (Neothetics, Inc.)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) ~~issuable ~~ to be issued upon exercise of this Warrant ~~may ~~ shall be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of ~~an ~~ one Exercise Share by such fraction ~~.~~ . EXECUTION VERSION

*Appears in 1 contract*

Samples: Northwest Biotherapeutics Inc

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise ~~ Ordinary Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of an ~~Exercise ~~ Ordinary Share by such fraction ~~.~~

*Appears in 1 contract*

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise ~~ Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of ~~any ~~ a fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market ~~ price value of ~~~~an Exercise ~~ a Share by such fraction.

*Appears in 1 contract*

Samples: Protein Polymer Technologies Inc

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise ~~ Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of ~~an Exercise Share ~~ a Share, determined in the manner set forth in Section 2.1, by such fraction.

*Appears in 1 contract*

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise ~~ Warrant Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the ~~then current fair market value ~~ closing sales price of ~~an ~~ a Share on the Trading Day immediately preceding the Exercise ~~Share ~~ Date by such fraction.

*Appears in 1 contract*

Samples: Rentech Inc /Co/

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise ~~ Warrant Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current ~~fair market value ~~ Closing Price of ~~an Exercise ~~ a Warrant Share by such fraction.

*Appears in 1 contract*

Samples: Investor Rights Agreement (Korn Ferry International)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise ~~ Warrant Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current ~~fair market value ~~ Last Reported Sale Price of ~~an Exercise ~~ a Warrant Share by such fraction.

*Appears in 1 contract*

Samples: Bearingpoint Inc

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise ~~ Warrant Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of ~~an Exercise ~~ a Warrant Share by such fraction.

*Appears in 1 contract*

Samples: License Agreement (Devax Inc)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise ~~ Warrant Shares (including fractions) ~~issuable ~~ to be issued upon exercise of this Warrant ~~may ~~ shall be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of ~~an Exercise ~~ one Warrant Share by such fraction.

*Appears in 1 contract*

Samples: Warrant to Purchase Stock (Principia Biopharma Inc.)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise Shares ~~ shares of Common Stock (including fractions) ~~issuable ~~ to be issued upon exercise of this Warrant ~~may ~~ shall be aggregated for purposes of determining whether the exercise ~~ of this Warrant would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of ~~~~an Exercise Share ~~ one share of Common Stock by such fraction.

*Appears in 1 contract*

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise Shares ~~ shares of Series A-1 Preferred Stock (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of ~~any ~~ a fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay ~~the ~~ Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of ~~an Exercise Share ~~ a share of Series A-1 Preferred Stock by such fraction.

*Appears in 1 contract*

Samples: Celladon Corp

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise Shares ~~ shares of Series B Preferred Stock (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of ~~any ~~ a fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay ~~the ~~ Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of ~~an Exercise Share ~~ a share of Series B Preferred Stock by such fraction.

*Appears in 1 contract*

Samples: Conatus Pharmaceuticals Inc

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant as a consequence of any adjustment pursuant hereto. All ~~Exercise Shares ~~ shares of Series B-2 Preferred Stock (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of ~~any ~~ a fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay ~~the ~~ Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of ~~an Exercise Share ~~ a share of Series B-2 Preferred Stock (as determined in good faith by the Board of Directors of the Company) by such fraction.

*Appears in 1 contract*

Samples: GTX Inc /De/

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this Warrant ~~ or as a consequence of any adjustment pursuant hereto. All Exercise Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company shall, in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such ~~~~fraction ~~ fractional share a sum in cash equal to the product resulting from multiplying the then current ~~fair market value ~~ Fair Market Value of an Exercise Share by such ~~fraction~~ fractional share.

*Appears in 1 contract*

Samples: Warrant (Polymedix Inc)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this ~~Warrant ~~ Warrant, including as a consequence of any adjustment pursuant hereto. ~~then current ~~ fair market value of an Exercise Share ~~ (determined as provided in Section 2.2 hereof) by such fraction.~~

*Appears in 1 contract*

Samples: Warrant to Purchase Common Stock (Dynavax Technologies Corp)

**Fractional Shares**. No fractional shares shall be issued upon the exercise of this ~~Warrant as a consequence of any adjustment pursuant hereto~~ Warrant. All ~~Exercise ~~ Warrant Shares (including fractions) issuable upon exercise of this Warrant may be aggregated for purposes of determining whether the exercise would result in the issuance of any fractional share. If, after aggregation, the exercise would result in the issuance of a fractional share, the Company ~~shall, ~~ will in lieu of issuance of any fractional share, pay the Holder otherwise entitled to such fraction a sum in cash equal to the product resulting from multiplying the then current fair market value of ~~an Exercise ~~ a Warrant Share by such fraction ~~ , rounded down to the nearest whole cent.~~

*Appears in 1 contract*

Samples: Warrant to Purchase Common Stock (CombiMatrix Corp)