Common use of Fractional Shares Clause in Contracts

Fractional Shares. No fractional shares of Warrant Stock will be issued in connection with any exercise hereof, but in lieu of such fractional shares, the Issuer shall round the number of shares to be issued upon exercise up to the nearest whole number of shares.

Appears in 214 contracts

Samples: Securities Purchase Agreement (Amacore Group, Inc.), Securities Purchase Agreement (Amacore Group, Inc.), Security Agreement (Financialcontent Inc)

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Fractional Shares. No fractional shares of Warrant Stock will be issued in connection with any exercise hereof, but in lieu of such fractional shares, the Issuer shall round the number of shares to be issued upon exercise up make a cash payment therefor equal in amount to the nearest whole number product of sharesthe applicable fraction multiplied by the Per Share Market Value then in effect.

Appears in 157 contracts

Samples: Note and Warrant Purchase Agreement (Eden Energy Corp), Convertible Preferred Stock Purchase Agreement (United National Film Corp), Warrant Purchase Agreement (Interlink Global Corp)

Fractional Shares. No fractional shares of Warrant Stock will be issued in connection with any and exercise hereof, but in lieu of such fractional shares, the Issuer shall round the number of shares to be issued upon exercise up make a cash payment therefor equal in amount to the nearest whole number product of sharesthe applicable fraction multiplied by the Per Share Market Value then in effect.

Appears in 80 contracts

Samples: Subscription Agreement (Centura Software Corp), Subscription Agreement (Centura Software Corp), Subscription Agreement (Centura Software Corp)

Fractional Shares. No fractional shares of Warrant Stock will be issued in connection with any exercise hereof, but in lieu of such fractional shares, the Issuer shall round the number of shares to be issued upon exercise up at its option either (a) make a cash payment therefor equal in amount to the nearest product of the applicable fraction multiplied by the Per Share Market Value then in effect or (b) issue one whole number share in lieu of sharessuch fractional share.

Appears in 35 contracts

Samples: Waiver for Securities Purchase Agreement (Neoprobe Corp), And Warrant Purchase Agreement (Implant Sciences Corp), VistaGen Therapeutics, Inc.

Fractional Shares. No fractional shares of Warrant Common Stock will shall be issued in connection with any upon exercise hereof, but in of this Warrant. In lieu of such any fractional sharesshares to which the Holder would otherwise be entitled, the Issuer Holder shall round the number of shares to be issued upon exercise up to the nearest whole number of shares.

Appears in 29 contracts

Samples: Securities Purchase Agreement (China Internet Cafe Holdings Group, Inc.), Aivtech International Group Co., Silver Pearl Enterprises, Inc.

Fractional Shares. No fractional shares of Warrant Stock will be issued in connection with any exercise hereofhereunder, but in lieu of such fractional shares, the Issuer shall round the number of shares of Common Stock to be issued upon exercise shall be rounded up to the nearest whole number of sharesnumber.

Appears in 25 contracts

Samples: Eos Petro Employment Agreement (Eos Petro, Inc.), Eos Petro Employment Agreement (Eos Petro, Inc.), Registration Rights Agreement (IMMS, Inc.)

Fractional Shares. No fractional shares of Warrant Stock will be issued in connection with any exercise hereof, but in lieu of such fractional shares, the Issuer shall shall, at its option, (a) pay an amount in cash equal to the Warrant Price multiplied by such fraction or (b) round the number of shares to be issued upon exercise up to the nearest whole number of shares.

Appears in 16 contracts

Samples: Brazil Minerals, Inc., Brazil Minerals, Inc., TK Star Design, Inc.

Fractional Shares. No fractional shares of Warrant Stock will be ----------------- issued in connection with any and exercise hereof, but in lieu of such fractional shares, the Issuer shall round the number of shares to be issued upon exercise up make a cash payment therefor equal in amount to the nearest whole number product of sharesthe applicable fraction multiplied by the Per Share Market Value then in effect.

Appears in 14 contracts

Samples: Agreement (Xceed Inc), Agreement (Xceed Inc), Speedcom Wireless Corp

Fractional Shares. No fractional shares of Warrant Stock will be issued in connection with any an exercise hereof, but in lieu of such fractional shares, the Issuer shall round the number of shares to be issued upon exercise up make a cash payment therefor equal in amount to the nearest whole number product of sharesthe applicable fraction multiplied by the Per Share Market Value then in effect.

Appears in 13 contracts

Samples: Biodel Inc, Warrant Purchase Agreement (Telenetics Corp), Fatbrain Com Inc

Fractional Shares. No fractional shares of Warrant Stock ----------------- will be issued in connection with any exercise hereof, but in lieu of such fractional shares, the Issuer shall round the number of shares to be issued upon exercise up to the nearest whole number of shares.

Appears in 8 contracts

Samples: Preferred Stock Purchase Agreement (DentalServ.com), Preferred Stock Purchase Agreement (DentalServ.com), Preferred Stock Purchase Agreement (DentalServ.com)

Fractional Shares. No fractional shares of Warrant Stock Shares will be issued in connection with any exercise hereof, but in lieu of such fractional shares, the Issuer shall round the number of shares to be issued upon exercise up to the nearest whole number of shares.

Appears in 8 contracts

Samples: Share Purchase Agreement (Nxu, Inc.), Share Purchase Agreement (Nxu, Inc.), Share Purchase Agreement (Leisure Acquisition Corp.)

Fractional Shares. No fractional shares of Warrant Stock will be issued in connection with any exercise hereof, but in lieu of such fractional shares, the Issuer shall round the number of shares to be issued upon exercise up or down to the nearest whole number of shares.

Appears in 8 contracts

Samples: Credit Agreement (American Apparel, Inc), Investment Agreement (American Apparel, Inc), American Apparel, Inc

Fractional Shares. No fractional shares of Warrant Stock will be issued in connection with any exercise hereof, but in lieu of such fractional shares, the Issuer shall round the number of shares to be issued upon exercise up down to the nearest whole number of shares.

Appears in 6 contracts

Samples: NovaRay Medical, Inc., NovaRay Medical, Inc., NovaRay Medical, Inc.

Fractional Shares. No fractional shares of Warrant Stock will be issued in connection with any exercise hereof, but ; however in lieu of such fractional sharesshare, the Issuer Company shall round the number of shares to be issued upon exercise up to the nearest whole number of shares.

Appears in 4 contracts

Samples: Financial Advisor Warrant Agreement (Panache Beverage, Inc.), Financial Advisor Warrant Agreement (Graymark Healthcare, Inc.), Financial Advisor Warrant Agreement (Panache Beverage, Inc.)

Fractional Shares. No fractional shares of Warrant Stock will be issued in connection with any exercise hereof, but in lieu of such fractional shares, shares the Issuer shall round the number of shares to be issued upon exercise up to the nearest whole number of shares.

Appears in 3 contracts

Samples: Securities Purchase Agreement (MedPro Safety Products, Inc.), Securities Purchase Agreement (MedPro Safety Products, Inc.), MedPro Safety Products, Inc.

Fractional Shares. No fractional shares of Warrant Stock will be issued in connection with any and exercise hereof, but in lieu of such fractional shares, the Issuer shall round ; rather the number of shares to of Warrant Stock shall be issued upon exercise rounded up or down to the nearest whole number of sharesshare.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Ip Voice Com Inc), Registration Rights Agreement (Ip Voice Com Inc)

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Fractional Shares. No fractional shares of Warrant Preferred Stock will be issued in connection with any exercise hereof, but in lieu of such fractional shares, the Issuer shall round the number of shares to be issued upon exercise up to the nearest whole number of shares.

Appears in 2 contracts

Samples: NovaRay Medical, Inc., Edgewater Foods International, Inc.

Fractional Shares. No fractional shares of Warrant Stock will be issued in connection with any exercise hereof, but in lieu of such fractional shares, the . The Issuer shall round the number of shares to be issued upon exercise of this Warrant up to the nearest whole number of shares.

Appears in 2 contracts

Samples: Kryptic Entertainment Inc., Kryptic Entertainment Inc.

Fractional Shares. No fractional shares of Warrant Stock will be issued in connection with any an exercise hereof, but in lieu of such fractional shares, the Issuer shall round ; rather the number of shares to of Warrant Stock shall be issued upon exercise rounded up or down to the nearest whole number of sharesshare.

Appears in 1 contract

Samples: Sales Online Direct Inc

Fractional Shares. No fractional shares of Warrant Stock will be issued in connection with any and exercise hereof, but in lieu of such fractional shares, the Issuer shall round the number of shares to be issued upon exercise up to the nearest whole number of shares.

Appears in 1 contract

Samples: Fibernet Telecom Group Inc\

Fractional Shares. No fractional shares share of Warrant Stock will be issued in connection with any exercise hereof, but ; in lieu of such a fractional sharesshare upon complete exercise hereof, the Issuer Company shall round the number of shares to be issued upon exercise up to the nearest whole number of sharesnext full share.

Appears in 1 contract

Samples: Warrant (AtriCure, Inc.)

Fractional Shares. No fractional shares of Warrant Stock Shares will be issued in connection with any exercise hereof, but in lieu of such fractional shares, the Issuer shall round the number of shares to be issued upon exercise up to the nearest whole number of shares.

Appears in 1 contract

Samples: Share Purchase Agreement (FibroBiologics Inc.)

Fractional Shares. No fractional shares of Warrant Stock will be issued in ----------------- connection with any the exercise hereof, but in lieu of such fractional shares, the Issuer shall round the number of shares to be issued upon in connection with the exercise up hereof will be adjusted upwards to the nearest one hundredth of a whole share and the Holder of this Warrant shall be entitled to receive such greater number of sharesshares at the lowest price at which such shares may then be validly issued under applicable law.

Appears in 1 contract

Samples: Pameco Corp

Fractional Shares. No fractional shares of the Warrant Stock Shares will be issued in connection with any exercise hereof, but in lieu of such fractional shares, the Issuer shall round the number of shares to be issued upon exercise up to the nearest whole number of shares.

Appears in 1 contract

Samples: Patriot Risk Management, Inc.

Fractional Shares. No fractional shares of Warrant Stock will be issued in connection with any and exercise hereof, but in lieu of such fractional shares, the Issuer shall round the number of shares to be issued upon exercise up to the nearest whole number of shares.make a

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Flightserv Com)

Fractional Shares. No fractional shares of Warrant Stock will be ------------------ issued in connection with any exercise hereof, but in lieu of such fractional shares, the Issuer shall round the number of shares to be issued upon exercise up to the nearest whole number of shares.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Charys Holding Co Inc)

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