Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directors.
Appears in 68 contracts
Samples: Loan and Security Agreement (Depomed Inc), Dot Hill Systems Corp, Dot Hill Systems Corp
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's ’s Board of Directors.
Appears in 51 contracts
Samples: Registration Rights Agreement (Bluefly Inc), Warrant Purchase Agreement (Mascoma Corp), Registration Rights Agreement (RHO Ventures VI LP)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in . In lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value of the Common Stock on the date of exercise as reasonably determined Exercise Price then in good faith by the Company's Board of Directorseffect.
Appears in 35 contracts
Samples: Common Stock Purchase Warrant (Comscore, Inc.), Common Stock Purchase Warrant (Comscore, Inc.), Common Stock Purchase Warrant (Comscore, Inc.)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined Warrant Price then in good faith by the Company's Board of Directorseffect.
Appears in 30 contracts
Samples: Warrant (AccelPath, Inc.), Technest Holdings Inc, AccelPath, Inc.
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date Fair Market Value of exercise as reasonably determined in good faith by the Company's Board of Directorssuch Shares.
Appears in 29 contracts
Samples: Biolargo, Inc., Muscle Maker, Inc., Biolargo, Inc.
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(g) above) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 14 contracts
Samples: Registration Rights Agreement (Medical Solutions Management Inc.), Reimbursement and Indemnification Agreement (Medical Solutions Management Inc.), Reimbursement and Indemnification Agreement (Medical Solutions Management Inc.)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(j) above) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 13 contracts
Samples: Shells Seafood Restaurants Inc, Shells Seafood Restaurants Inc, Abazias Inc
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(c) hereof) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 8 contracts
Samples: E-Medsoft Com, E-Medsoft Com, Tender Loving Care Health Care Services Inc/ Ny
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the per share fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 7 contracts
Samples: Us Search Corp Com, Us Search Corp Com, Security Agreement (Digital Lightwave Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value Fair Market Value of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 7 contracts
Samples: Cardiac Science Inc, Common Stock Purchase Agreement (Collagenex Pharmaceuticals Inc), Tesseract Group Inc
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor therefore based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directors.
Appears in 7 contracts
Samples: Warrant (Ecology Coatings, Inc.), Warrant (Ecology Coatings, Inc.), Warrant (Ecology Coatings, Inc.)
Fractional Shares. No fractional shares of Common Stock will shall be issued in connection with any exercise or cashless exercise hereunder, but and in lieu of any such fractional shares the Company Corporation shall make a cash payment therefor to the Holder (or such other person or persons as directed by the Holder, subject to compliance with all applicable laws) based on the fair market value Fair Market Value of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board or cashless exercise of Directorsthis Warrant.
Appears in 6 contracts
Samples: Warp Technology Holdings Inc, Halo Technology Holdings, Inc., Halo Technology Holdings, Inc.
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares thereof the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined Exercise Price then in good faith by the Company's Board of Directorseffect.
Appears in 6 contracts
Samples: Stock Option Compensation Agreement (Bravo Foods International Corp), Stock Option Compensation Agreement (Bravo Foods International Corp), Stock Option Compensation Agreement (Bravo Foods International Corp)
Fractional Shares. No fractional shares of Common Stock common stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares of common stock, the Company shall make a cash payment therefor based on the fair market value closing price or last sale price of a share of common stock reported for the Common Stock on business day immediately before the date of exercise Exercise Date or as reasonably determined in good faith by the Company's ’s Board of Directors.
Appears in 6 contracts
Samples: Trulieve Cannabis Corp., Trulieve Cannabis Corp., Trulieve Cannabis Corp.
Fractional Shares. No fractional shares of Common Stock will shall be issued in connection with any exercise or cashless exercise hereunder, but and in lieu of any such fractional shares the Company shall make a cash payment therefor to the Holder (or such other person or persons as directed by the Holder, subject to compliance with all applicable laws) based on the fair market value Fair Market Value of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board or cashless exercise of Directorsthis Warrant.
Appears in 6 contracts
Samples: Insite Vision Inc, Insite Vision Inc, Biosphere Medical Inc
Fractional Shares. No fractional shares Shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares Shares the Company shall make a cash payment therefor based on equal to the fair market value excess of the Common Stock on the date average daily closing price of exercise as reasonably determined in good faith by the Company's Board of Directors’s common stock for the twenty (20) business days prior to the exercise date for such fractional shares above the Warrant Price for such fractional share.
Appears in 5 contracts
Samples: Exchange Agreement (PVF Capital Corp), PVF Capital Corp, PVF Capital Corp
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined Value at Exercise then in good faith by the Company's Board of Directorseffect.
Appears in 4 contracts
Samples: Adac Laboratories, Lattice Semiconductor Corp, Lattice Semiconductor Corp
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(h) above) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 4 contracts
Samples: Midcom Communications Inc, Graphix Zone Inc /De/, Phoenix Network Inc
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise or conversion hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise or conversion as reasonably determined in good faith by the Company's ’s Board of Directors.
Appears in 4 contracts
Samples: Loan and Security Agreement (Mavenir Systems Inc), Loan and Security Agreement (Mavenir Systems Inc), Mavenir Systems Inc
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares shares, the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined Warrant Price then in good faith by the Company's Board of Directorseffect.
Appears in 4 contracts
Samples: PivX Solutions, Inc., Analogy Inc, Analogy Inc
Fractional Shares. No fractional shares of Common Stock will shall be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company Corporation shall make a cash payment therefor based on the fair market value Fair Market Value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 3 contracts
Samples: Butler International Inc /Md/, Cityzenith Holdings, Inc., Butler International Inc /Md/
Fractional Shares. No fractional shares of Common Stock will shall be issued in connection with any exercise or cashless exercise hereunder, but and in lieu of any such fractional shares the Company shall make a cash payment therefor to the Holder (or such other person or persons as directed by the Holder) based on the fair market value Fair Market Value of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board or cashless exercise of Directorsthis Warrant.
Appears in 3 contracts
Samples: CervoMed Inc., CervoMed Inc., Accounts Receivable Purchase Agreement (Scient Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the product resulting from multiplying the then fair market value of the Common Stock (as determined pursuant to Section 9(c) below) on the date of exercise as reasonably determined in good faith by the Company's Board of Directorssuch fraction.
Appears in 3 contracts
Samples: Security Agreement (Ats Medical Inc), Subordinated Security Agreement (Ats Medical Inc), Ats Medical Inc
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in . In lieu of such fractional shares the Company shall make a cash payment therefor based on upon the fair market value Fair Market Value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of DirectorsStock.
Appears in 3 contracts
Samples: Security Agreement (Optimark Technologies Inc), Optimark Technologies Inc, Optimark Technologies Inc
Fractional Shares. No fractional shares of Common Stock will are to be issued in connection with any upon the exercise hereunderof this Warrant, but in lieu of such fractional shares share, the Company shall make a cash payment therefor based on equal to the fair market value of the Common Stock on the date of exercise as reasonably determined Exercise Price then in good faith effect multiplied by the Company's Board of Directorssuch fractional share.
Appears in 3 contracts
Samples: Warrant (Host Funding Inc), Warrant (Wulf International LTD), Host Funding Inc
Fractional Shares. No fractional shares of Common Stock common stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based upon the closing price of the common stock as reported on the fair market value of the Common Stock Nasdaq National Market on the trading day immediately prior to the date of exercise as reasonably determined in good faith by the Exercise Notice is delivered to the Company's Board of Directors.
Appears in 3 contracts
Samples: Cv Therapeutics Inc, Cv Therapeutics Inc, Cv Therapeutics Inc
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 3 contracts
Samples: Cherokee Inc, Cherokee Inc, Cherokee Inc
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsaccordance with Section 2(c).
Appears in 3 contracts
Samples: Stock Exchange Agreement (Solyndra, Inc.), Solyndra, Inc., Solyndra, Inc.
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the a share of Common Stock on the date of exercise as reasonably determined in good faith by exercise, or round up to the next whole number of shares, at the Company's Board of Directors’s option.
Appears in 3 contracts
Samples: Deer Valley Corp, Telzuit Medical Technologies, Inc., Deer Valley Corp
Fractional Shares. No fractional shares of Common Stock will be ----------------- issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directors.
Appears in 3 contracts
Samples: Loan Agrloan and Security Agreement (Pilot Network Services Inc), Xenogen Corp, Zhone Technologies Inc
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the product resulting from multiplying the then fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's ’s Board of DirectorsDirectors by such fraction.
Appears in 3 contracts
Samples: Sunesis Pharmaceuticals Inc, Ats Medical Inc, Sunesis Pharmaceuticals Inc
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise. 6.
Appears in 3 contracts
Samples: Iq Biometrix Inc, Iq Biometrix Inc, Iq Biometrix Inc
Fractional Shares. No fractional shares of Common Stock will be issued ------------------ in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(g) above) of the a share of Common Stock ------------ on the date of exercise as reasonably determined in good faith by exercise, or round up to the next whole number of shares, at the Company's Board of Directorsoption.
Appears in 2 contracts
Samples: Cytation Corp, Cytation Corp
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(i) above) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 2 contracts
Samples: Warrant Agreement (Immunomedics Inc), Aureal Semiconductor Inc
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares shares, the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 2 contracts
Samples: Cohbar, Inc., Cohbar, Inc.
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the basis of the Warrant Price then in effect and the fair market value of the Common Stock on the date of exercise a full share as reasonably determined in good faith for this purpose by the Company's Board of Directors.
Appears in 2 contracts
Samples: Settlement Agreement and Mutual Release (Ciena Corp), Ciena Corp
Fractional Shares. No fractional shares of Common Stock will be issued ------------------ in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(g) above) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by exercise, or round up to the next whole number of shares, at the Company's Board of Directorsoption.
Appears in 2 contracts
Samples: Cytation Corp, Cytation Corp
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(f) above) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by exercise, or round up to the next whole number of shares, at the Company's Board of Directors’s option.
Appears in 2 contracts
Samples: Cruisestock Inc., Cruisestock Inc.
Fractional Shares. No fractional shares of Common Stock will be issued ----------------- in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsaccordance with Section 10.2(c)(ii) or 10.2(c)(iii), as applicable.
Appears in 2 contracts
Samples: Emachines Inc /De/, Emachines Inc /De/
Fractional Shares. No fractional shares of Common Stock will be ----------------- issued in connection with any exercise hereunder, hereunder but in lieu of such fractional shares shares, the Company shall make a cash payment therefor based on upon the basis of the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorssuch exercise.
Appears in 2 contracts
Samples: Trikon Technologies Inc, Plasma & Materials Technologies Inc
Fractional Shares. No fractional shares of Common Stock will shall be issued in connection with any exercise hereunder, but and in lieu of any such fractional shares the Company shall make a cash payment therefor to the Holder (or such other person or persons as directed by the Holder) based on the fair market value Fair Market Value of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsthis Warrant.
Appears in 2 contracts
Samples: Incara Pharmaceuticals Corp, Incara Inc
Fractional Shares. No fractional shares of Common Stock will be ------------------ issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(j) above) of the a share of Common ------------ Stock on the date of exercise as reasonably determined in good faith by exercise, or round up to the next whole number of shares, at the Company's Board of Directorsoption.
Appears in 2 contracts
Samples: Cytation Corp, Cytation Corp
Fractional Shares. No fractional shares of Common Stock will be issued ----------------- in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directors.
Appears in 2 contracts
Samples: Loan Agrloan and Security Agreement (Pilot Network Services Inc), Integrated Packaging Assembly Corp
Fractional Shares. No fractional shares of Common Stock will be ------------------ issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(j) above) of the a share of Common ------------ Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 2 contracts
Samples: Taylor Madison Corp, Taylor Madison Corp
Fractional Shares. No fractional shares Shares of the Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares Shares the Company shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined Warrant Price then in good faith by the Company's Board of Directorseffect.
Appears in 2 contracts
Fractional Shares. No fractional shares of Common Stock will be issued ------------------ in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(j) above) of the a share of Common Stock ------------ on the date of exercise as reasonably determined in good faith by exercise, or round up to the next whole number of shares, at the Company's Board of Directorsoption.
Appears in 2 contracts
Samples: Cytation Corp, Cytation Corp
Fractional Shares. No fractional shares of Common Stock will be ----------------- issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(h) above) of the a share of Common ------------ Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 2 contracts
Samples: Warrant Agreement (Video Update Inc), Warrant Agreement (Video Update Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in . In lieu of such fractional shares shares, the Company shall make a cash payment therefor based on upon the fair market value Fair Market Value of the such Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 2 contracts
Samples: Common Stock and Warrant Issuance Agreement (Wink Communications Inc), Wink Communications Inc
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4.i. above) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 2 contracts
Samples: Cfi Proservices Inc, Cfi Proservices Inc
Fractional Shares. No fractional shares of Common Stock will are to be issued in connection with any upon the exercise hereunderof this Warrant, but in lieu of such fractional shares share, the Company shall make a cash payment therefor based on therefore equal to the fair market value of the Common Stock on the date of exercise as reasonably determined Exercise Price then in good faith effect multiplied by the Company's Board of Directorssuch fractional share.
Appears in 1 contract
Samples: Sunshine PCS Corp
Fractional Shares. No fractional shares of Common Stock will be ----------------- issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(j) above) of the a share of Common ----------- Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 1 contract
Samples: Taylor Madison Corp
Fractional Shares. No fractional shares Shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares Shares the Company shall make a cash payment therefor based on equal to the fair market value excess of the Common Stock on the date average daily closing price of exercise as reasonably determined in good faith by the Company's Board of Directors’s common stock for the twenty (20) business days prior to the exercise date for such fractional shares above the Exercise Price for such fractional shares.
Appears in 1 contract
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsaccordance with Section 8(c).
Appears in 1 contract
Samples: E Loan Inc
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the basis of the fair market value of the a share of Common Stock on as of the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 1 contract
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value average of the closing price of the Common Stock on for the 60 trading days ending two business days prior to date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 1 contract
Samples: Isis Pharmaceuticals Inc
Fractional Shares. No fractional shares of Common Stock will be ----------------- issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(h) above) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 1 contract
Samples: Graphix Zone Inc /De/
Fractional Shares. No fractional shares of Common Stock will shall be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directors.
Appears in 1 contract
Samples: Laser Pacific Media Corporation
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor therefore based on the fair market value of the Common Com- mon Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directors.
Appears in 1 contract
Samples: Tanox Inc
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(C) hereof) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 1 contract
Fractional Shares. No fractional shares share of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares share the Company shall make a cash payment therefor based on upon the basis of the fair market value of the such Common Stock on the date of exercise then in effect, as reasonably determined in the good faith by judgment of the Company's Board of Directors.
Appears in 1 contract
Samples: Series F Preferred Stock and Warrant Purchase Agreement (Phoenix Network Inc)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directors. 7.
Appears in 1 contract
Samples: Gensia Inc
Fractional Shares. No fractional shares of Common Stock will be issued ------------------ in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(g) above) of the a share of Common Stock ----------- on the date of exercise as reasonably determined in good faith by exercise, or round up to the next whole number of shares, at the Company's Board of Directorsoption.
Appears in 1 contract
Samples: Cytation Corp
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(j) above) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by exercise, or round up to the next whole number of shares, at the Company's Board of Directors’s option.
Appears in 1 contract
Samples: Cruisestock Inc.
Fractional Shares. No fractional shares of Common Stock will be ------------------ issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(j) above) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 1 contract
Samples: Taylor Madison Corp
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunderhereunder (including any net issue exercise pursuant to Section 2(c) or any Deemed Exercise), but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsaccordance with Section 2(c).
Appears in 1 contract
Samples: Purchase Agreement (Solyndra, Inc.)
Fractional Shares. No In no event shall any fractional shares share of Common Stock will be issued in connection with upon any exercise hereunder, but in of this Warrant. In lieu of such any fractional shares which would otherwise be issuable, the Company shall make a pay cash payment therefor based on equal to the product of such fraction multiplied by the fair market value of the one share of Common Stock on the date of exercise exercise, as reasonably determined in good faith by the Company's Board of Directors.
Appears in 1 contract
Samples: Redenvelope Inc
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(e) above) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 1 contract
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares shares, the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's ’s Board of Directors.
Appears in 1 contract
Samples: Subscription Agreement (Dyneco Corp)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of DirectorsBoard.
Appears in 1 contract
Samples: Warrant (Dot Hill Systems Corp)
Fractional Shares. No fractional shares share of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares share the Company shall make a pay cash payment therefor based on in lieu of such fractional share in the fair market value amount equal to the same fraction of the Common Stock Share Price in effect on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 1 contract
Samples: GFI Group Inc.
Fractional Shares. No fractional shares Shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares Shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directors.
Appears in 1 contract
Samples: Electronic Designs Inc
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(i) hereof) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 1 contract
Samples: Med Diversified Inc
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as mutually determined by the Company and the holder) of the Common Stock on the date of exercise as reasonably determined exercise/in good faith an amount equal to such fraction multiplied by the Company's Board of DirectorsWarrant Price.
Appears in 1 contract
Samples: Warrant (Palatin Technologies Inc)
Fractional Shares. No fractional shares Shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares Shares the Company shall make a cash payment therefor based on equal to the fair market value excess of the Common Stock on the date average daily closing price of exercise as reasonably determined in good faith by the Company's Board of Directors’s common stock for the twenty (20) business days prior to the exercise date for such fractional shares above the aggregate Exercise Price for such fractional Shares.
Appears in 1 contract
Fractional Shares. No fractional shares of Common Stock ----------------- will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directors.
Appears in 1 contract
Samples: Airgate Wireless Inc
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in . In lieu of such fractional shares the Company CORPORATION shall make a cash payment therefor therefore based on upon the fair market value Fair Market Value (as defined below) of the Common Stock on the date of exercise exercise. For the purposes of this Section 7 hereof “Fair Market Value” of a share of Common Stock as reasonably determined in good faith by the Company's Board of Directors.a particular date means:
Appears in 1 contract
Samples: International Marketing Agreement (Mosaic Nutraceuticals Corp.)
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with Section 4(h)) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 1 contract
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunderhereunder but, but in lieu of such fractional shares shares, the Company Corporation shall make a cash payment therefor based on upon the fair market value basis of the Fair Market Value of the Common Stock on at the date time of exercise as reasonably determined in good faith by the Company's Board of Directorssuch exercise.
Appears in 1 contract
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with SECTION 4(i) above) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 1 contract
Samples: Goldman Sachs Group Lp
Fractional Shares. No fractional shares of Common Stock will be ------------------ issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directors.
Appears in 1 contract
Samples: Medi Ject Corp /Mn/
Fractional Shares. No fractional shares of Common Stock will be ----------------- issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on upon the per share fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 1 contract
Samples: Us Search Corp Com
Fractional Shares. No fractional shares of Common Stock will be ----------------- issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the a share of Common Stock on the date of exercise as reasonably determined in good faith by exercise, or round up to the next whole number of shares, at the Company's Board of Directorsoption.
Appears in 1 contract
Samples: Cytation Corp
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company Corporation shall make a cash payment therefor based on upon the fair market value basis of the Common Stock on the date of exercise as reasonably determined Warrant Price then in good faith by the Company's Board of Directorseffect.
Appears in 1 contract
Samples: Coral Systems Inc
Fractional Shares. No fractional shares Shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares Shares the Company shall make a cash payment therefor based on equal to the fair market value excess of the Common Stock on the date average daily closing price of exercise as reasonably determined in good faith by the Company's Board of Directors’s common stock for the twenty (20) business days prior to the exercise date for such fractional shares above the Exercise Price for such fractional Shares.
Appears in 1 contract
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on equal in amount to the fair market value product of the applicable fraction multiplied by the current market price per share of Common Stock on the date of exercise as reasonably determined then in good faith by the Company's Board of Directorseffect.
Appears in 1 contract
Samples: Genaissance Pharmaceuticals Inc
Fractional Shares. No fractional shares of Common Stock will be ----------------- issued in connection with any exercise hereunder, but but, in lieu of such fractional shares shares, the Company shall make a cash payment therefor based on upon the basis of the fair market value of the Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorssuch exercise.
Appears in 1 contract
Samples: Trikon Technologies Inc
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the Common Stock (as determined under Section 2(b) above) on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 1 contract
Samples: Bakbone Software Inc
Fractional Shares. No fractional shares of Common Stock will shall be issued in connection with any exercise hereunder, but and in lieu of any such fractional shares the Company shall make a cash payment therefor to the Holder (or such other person or persons as directed by the Holder) based on the fair market value of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsthis Warrant.
Appears in 1 contract
Samples: Stock Purchase Agreement (Ramp Corp)
Fractional Shares. No fractional shares of Common Stock will shall be issued in connection with any exercise or cashless exercise hereunder, but and in lieu of any such fractional shares the Company shall make a cash payment therefor to the Holder (or such other person or persons as directed by the Holder, subject to compliance with all applicable laws) based on the fair market value (as determined by the Board in good faith) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board or cashless exercise of Directorsthis Warrant.
Appears in 1 contract
Samples: Roomlinx Inc
Fractional Shares. No fractional shares of Common Stock will be issued ------------------ in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value of the a share of Common Stock on the date of exercise as reasonably determined in good faith by exercise, or round up to the next whole number of shares, at the Company's Board of Directorsoption.
Appears in 1 contract
Samples: Deer Valley Corp
Fractional Shares. No fractional shares Shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares Shares the Company shall make a cash payment therefor based on equal to the fair market value excess of the Common Stock on the date average daily closing price of exercise as reasonably determined in good faith by the Company's Board of Directors’s common stock for the twenty (20) business days prior to the exercise date for such fractional shares above the Exercise Price for such fractional share.
Appears in 1 contract
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in lieu of such fractional shares the Company shall make a cash payment therefor based on the fair market value (as determined in accordance with SECTION 4(F) above) of the a share of Common Stock on the date of exercise as reasonably determined in good faith by the Company's Board of Directorsexercise.
Appears in 1 contract
Samples: Med Diversified Inc
Fractional Shares. No fractional shares of Common Stock will be issued in connection with any exercise hereunder, but in . In lieu of such fractional shares the Company Corporation shall make a cash payment therefor based on upon the fair market value Fair Market Value (as defined below) of the Common Stock on the date of exercise exercise. For the purposes of this Section 7 hereof “Fair Market Value” of a share of Common Stock as reasonably determined in good faith by the Company's Board of Directors.a particular date means:
Appears in 1 contract
Samples: International Distributor Agreement (Mosaic Nutraceuticals Corp.)