Common use of ISSUANCE OF SHARES; NO FRACTIONAL SHARES OR SCRIP Clause in Contracts

ISSUANCE OF SHARES; NO FRACTIONAL SHARES OR SCRIP. Certificates for shares purchased hereunder shall be delivered to the Holder by the Corporation’s transfer agent at the Corporation’s expense within a reasonable time after the date on which this Warrant shall have been exercised in accordance with the terms hereof. Each certificate so delivered shall be in such denominations as may be requested by the Holder and shall be registered in the name of the Holder or, subject to applicable laws, such other name as shall be requested by the Holder. If, upon exercise of this Warrant, fewer than all of the shares of Common Stock evidenced by this Warrant are purchased prior to the Expiration Time, one or more new Warrants substantially in the form of, and on the terms in, this Warrant will be issued for the remaining number of shares of Common Stock not purchased upon exercise of this Warrant. The Corporation hereby represents and warrants that all shares of Common Stock which may be issued upon the exercise of this Warrant will, upon such exercise, be duly and validly authorized and issued, fully paid, and nonassessable and free from all taxes, liens, and charges in respect of the issuance thereof (other than liens or charges created by or imposed upon the Holder). The Corporation agrees that the shares so issued shall be and will be deemed to be issued to such Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered for exercise in accordance with the terms hereof. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. With respect to any fraction of a share called for upon the exercise of this Warrant, an amount equal to such fraction multiplied by the then current price at which each share may be purchased hereunder shall be paid in cash to the Holder of this Warrant.

Appears in 3 contracts

Sources: Securities Purchase Agreement (ImmunoCellular Therapeutics, Ltd.), Securities Purchase Agreement (ImmunoCellular Therapeutics, Ltd.), Consulting Agreement (ImmunoCellular Therapeutics, Ltd.)

ISSUANCE OF SHARES; NO FRACTIONAL SHARES OR SCRIP. Certificates for shares of Warrant Stock purchased hereunder shall be delivered to the Holder by the Corporation’s transfer agent at the Corporation’s expense within a reasonable time promptly after the date on which this Warrant shall have been exercised in accordance with the terms hereof. Each certificate so delivered shall be in such denominations as may be requested by the Holder and shall be registered in the name of the Holder or, subject to applicable laws, such other name as shall be requested by the Holder. If, upon exercise of this Warrant, fewer than all of the shares of Common Stock evidenced by this Warrant are purchased prior to the Expiration Time, one or more new Warrants substantially in the form of, and on the terms in, this Warrant will be issued for the remaining number of shares of Common Stock not purchased upon exercise of this Warrant. The Corporation Company hereby represents and warrants that all shares of Common Warrant Stock which may be issued upon the exercise of this Warrant have been duly authorized and will, upon such exercise, be duly and validly authorized and issued, fully paid, paid and nonassessable and free from all taxes, liens, liens and charges in respect of the issuance thereof (other than liens or charges created by or imposed upon the Holderholder of the Warrant Stock). The Corporation Company agrees that the shares so issued shall be and will shall for all purposes be deemed to be have been issued to such Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered for exercise exercised in accordance with the terms hereof. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. With respect to any fraction of a share called for upon the exercise of this Warrant, an amount equal to such fraction multiplied by the then current price at which each Fair Market Value of a share may be purchased hereunder of Warrant Stock on the date of exercise shall be paid in cash or check to the Holder holder of this Warrant.. "

Appears in 3 contracts

Sources: Warrant Agreement (Petsmart Com Inc), Warrant Agreement (Petsmart Com Inc), Warrant Agreement (Petsmart Com Inc)

ISSUANCE OF SHARES; NO FRACTIONAL SHARES OR SCRIP. Certificates for shares purchased hereunder or issuable upon conversion hereof shall be delivered to the Holder by the Corporation’s transfer agent at the Corporation’s expense within a reasonable time promptly after the date on which this Warrant shall have been exercised or converted in accordance with the terms hereof. Each certificate so delivered shall be in such denominations as may be requested by the Holder and shall be registered in the name of the Holder or, subject to applicable laws, such other name as shall be requested by the Holder. If, upon exercise of this Warrant, fewer than all of the shares of Common Stock evidenced by this Warrant are purchased prior to the Expiration Time, one or more new Warrants substantially in the form of, and on the terms in, this Warrant will be issued for the remaining number of shares of Common Stock not purchased upon exercise of this Warrant. The Corporation Company hereby represents and warrants that all shares of Common Warrant Stock which may be issued upon the exercise or conversion of this Warrant will, upon such exerciseexercise or conversion, be duly and validly authorized and issued, fully paid, paid and nonassessable and free from all taxes, liens, liens and charges in respect of the issuance thereof (other than liens or charges created by or imposed upon the Holderholder of the Warrant Stock). The Corporation Company agrees that the shares so issued shall be and will shall for all purposes be deemed to be have been issued to such Holder holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered for exercise exercised or converted in accordance with the terms hereof. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or conversion of this Warrant. With respect to any fraction of a share called for upon the exercise or conversion of this Warrant, an amount equal to such fraction multiplied by the then current price at which each Fair Market Value of a share may be purchased hereunder of Warrant Stock on the date of exercise or conversion shall be paid in cash or check to the Holder of this WarrantHolder.

Appears in 2 contracts

Sources: Common Stock Purchase Warrant (Hypermedia Communications Inc), Warrant Agreement (Pointcast Inc)

ISSUANCE OF SHARES; NO FRACTIONAL SHARES OR SCRIP. Certificates for shares purchased hereunder or issuable upon conversion hereof shall be delivered to the Holder by the Corporation’s transfer agent at the Corporation’s expense within a reasonable time after the date on which this Warrant shall have been exercised or converted in accordance with the terms hereof. Each certificate so delivered shall be in such denominations as may be requested by the Holder and shall be registered in the name of the Holder or, subject to applicable laws, such other name as shall be requested by the Holder. If, upon exercise of this Warrant, fewer than all of the shares of Common Stock evidenced by this Warrant are purchased prior to the Expiration Time, one or more new Warrants substantially in the form of, and on the terms in, this Warrant will be issued for the remaining number of shares of Common Stock not purchased upon exercise of this Warrant. The Corporation hereby represents and warrants that all shares of Common Stock which may be issued upon the exercise of this Warrant will, upon such exercise, be duly and validly authorized and issued, fully paid, and nonassessable and free from all taxes, liens, and charges in respect of the issuance thereof (other than liens or charges created by or imposed upon the Holder). The Corporation Company agrees that the shares so issued shall be and will shall for all purposes be deemed to be have been issued to such Holder holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered for exercise exercised or converted in accordance with the terms hereof. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or conversion of this Warrant. With respect to any fraction of a share called for upon the exercise or conversion of this Warrant, an amount equal to such fraction multiplied by the then current price at which each Fair Market Value of a share may be purchased hereunder of Warrant Stock on the date of exercise or conversion shall be paid in cash or check to the Holder of this WarrantHolder.

Appears in 2 contracts

Sources: Warrant Agreement (Usweb Corp), Warrant Agreement (Usweb Corp)

ISSUANCE OF SHARES; NO FRACTIONAL SHARES OR SCRIP. Certificates for shares purchased hereunder or issuable upon conversion hereof shall be delivered to the Holder by the Corporation’s transfer agent at the Corporation’s expense holder hereof within a reasonable time after the date on which this Warrant shall have been exercised or converted in accordance with the terms hereof. Each certificate so delivered shall be in such denominations as may be requested by the Holder and shall be registered in the name of the Holder or, subject to applicable laws, such other name as shall be requested by the Holder. If, upon exercise of this Warrant, fewer than all of the shares of Common Stock evidenced by this Warrant are purchased prior to the Expiration Time, one or more new Warrants substantially in the form of, and on the terms in, this Warrant will be issued for the remaining number of shares of Common Stock not purchased upon exercise of this Warrant. The Corporation Company hereby represents and warrants that all shares of Common Warrant Stock which may be issued upon the exercise or conversion of this Warrant will, upon such exerciseexercise or conversion, be duly and validly authorized and issued, fully paid, paid and nonassessable and free from all taxes, liens, liens and charges in respect of the issuance thereof (other than liens or charges created by or imposed upon the Holderholder of the Warrant Stock). The Corporation Company agrees that the shares so issued shall be and will be deemed to be issued to such Holder holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered for exercise exercised or converted in accordance with the terms hereof. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or conversion of this Warrant. With respect to any fraction of a share called for upon the exercise or conversion of this Warrant, an amount equal to such fraction multiplied by the then current price at which each share may be purchased hereunder shall be paid in cash or check to the Holder holder of this Warrant.

Appears in 2 contracts

Sources: Common Stock Purchase Warrant (Cobalt Group Inc), Common Stock Purchase Warrant (Cobalt Group Inc)

ISSUANCE OF SHARES; NO FRACTIONAL SHARES OR SCRIP. Certificates for shares purchased hereunder or issuable upon conversion hereof shall be delivered to the Holder by the Corporation’s transfer agent at the Corporation’s expense within a reasonable time after the date on which this Warrant shall have been exercised or converted in accordance with the terms hereof. Each certificate so delivered shall be in such denominations as may be requested by the Holder and shall be registered in the name of the Holder or, subject to applicable laws, such other name as shall be requested by the Holder. If, upon exercise of this Warrant, fewer than all of the shares of Common Stock evidenced by this Warrant are purchased prior to the Expiration Time, one or more new Warrants substantially in the form of, and on the terms in, this Warrant will be issued for the remaining number of shares of Common Stock not purchased upon exercise of this Warrant. The Corporation Company hereby represents and warrants that all shares of Common Warrant Stock which may be issued upon the exercise or conversion of this Warrant will, upon such exerciseexercise or conversion, be duly and validly authorized and issued, fully paid, paid and nonassessable and free from all taxes, liens, liens and charges in respect of the issuance thereof (other than liens or charges created by or imposed upon the Holderholder of the Warrant Stock). The Corporation Company agrees that the shares so issued shall be and will shall for all purposes be deemed to be have been issued to such Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered for exercise exercised or converted in accordance with the terms hereof. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or conversion of this Warrant. With respect to any fraction of a share called for upon the exercise or conversion of this Warrant, an amount equal to such fraction multiplied by the then current price at which each Fair Market Value of a share may be purchased hereunder of Warrant Stock on the date of exercise or conversion shall be paid in cash or check to the Holder holder of this Warrant.

Appears in 2 contracts

Sources: Warrant Agreement (Rambus Inc), Warrant Agreement (Rambus Inc)

ISSUANCE OF SHARES; NO FRACTIONAL SHARES OR SCRIP. Certificates for shares purchased hereunder shall be delivered to the Holder hereof by the Corporation’s Company's transfer agent at the Corporation’s Company's expense within a reasonable time after the date on which this Warrant shall have been exercised in accordance with the terms hereof. Each certificate so delivered shall be in such denominations as may be requested by the Holder hereof and shall be registered in the name of the such Holder or, subject to applicable laws, such other name as shall be requested by the such Holder. If, upon exercise of this Warrant, fewer than all of the shares of Common Stock evidenced by this Warrant are purchased prior to the Expiration Time, one or more new Warrants substantially in the form of, and on the terms in, this Warrant will be issued for the remaining number of shares of Common Stock not purchased upon exercise of this Warrant. The Corporation Company hereby represents and warrants that all shares of Common Warrant Stock which may be issued upon the exercise of this Warrant will, upon such exercise, be duly and validly authorized and issued, fully paid, paid and nonassessable and free from all taxes, liens, liens and charges in respect of the issuance thereof (other than liens or charges created by or imposed upon the Holder)thereof. The Corporation Company agrees that the shares so issued shall be and will be deemed to be issued to such Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered for exercise in accordance with the terms hereof. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. With respect to any fraction of a share called for upon the exercise of this Warrant, an amount equal to such fraction multiplied by the then current price at which each share may be purchased hereunder shall be paid in cash to the Holder of this Warrant.

Appears in 2 contracts

Sources: Warrant Agreement (F5 Networks Inc), Warrant Agreement (Nokia Finance International B V)

ISSUANCE OF SHARES; NO FRACTIONAL SHARES OR SCRIP. Certificates for shares purchased hereunder or issuable upon conversion hereof shall be delivered to the Holder by the Corporation’s transfer agent at the Corporation’s expense within a reasonable time promptly after the date on which this Warrant shall have been exercised or converted in accordance with the terms hereof. Each certificate so delivered shall be in such denominations as may be requested by the Holder and shall be registered in the name of the Holder or, subject to applicable laws, such other name as shall be requested by the Holder. If, upon exercise of this Warrant, fewer than all of the shares of Common Stock evidenced by this Warrant are purchased prior to the Expiration Time, one or more new Warrants substantially in the form of, and on the terms in, this Warrant will be issued for the remaining number of shares of Common Stock not purchased upon exercise of this Warrant. The Corporation Company hereby represents and warrants that all shares of Common Warrant Stock which may be issued upon the exercise or conversion of this Warrant will, upon such exerciseexercise or conversion, be duly and validly authorized and issued, fully paid, paid and nonassessable and free from all taxes, liens, liens and charges encumbrances in respect of the issuance thereof (other than liens or charges encumbrances created by or imposed upon the HolderHolder of the Warrant Stock). The Corporation Company agrees that the shares so issued shall be and will shall for all purposes be deemed to be have been issued to such Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered for exercise exercised or converted in accordance with the terms hereof. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or conversion of this Warrant. With respect to any fraction of a share called for upon the exercise or conversion of this Warrant, an amount equal to such fraction multiplied by the then current price at which each Fair Market Value of a share may be purchased hereunder of Warrant Stock on the date of exercise or conversion shall be paid in cash or check to the Holder of this WarrantHolder.

Appears in 2 contracts

Sources: Warrant Agreement (Pointcast Inc), Warrant Agreement (Pointcast Inc)

ISSUANCE OF SHARES; NO FRACTIONAL SHARES OR SCRIP. Certificates for shares purchased hereunder or issuable upon conversion hereof shall be delivered to the Holder by the Corporation’s transfer agent at the Corporation’s expense within a reasonable time after the date on which this Warrant shall have been exercised or converted in accordance with the terms hereof. Each certificate so delivered shall be in such denominations as may be requested by the Holder and shall be registered in the name of the Holder or, subject to applicable laws, such other name as shall be requested by the Holder. If, upon exercise of this Warrant, fewer than all of the shares of Common Stock evidenced by this Warrant are purchased prior to the Expiration Time, one or more new Warrants substantially in the form of, and on the terms in, this Warrant will be issued for the remaining number of shares of Common Stock not purchased upon exercise of this Warrant. The Corporation Company hereby represents and warrants that all shares of Common Warrant Stock which may be issued upon the exercise or conversion of this Warrant will, upon such exerciseexercise or conversion, be duly and validly authorized and issued, fully paid, paid and nonassessable and free from all taxes, liens, liens and charges in respect of the issuance thereof (other than liens or charges created by or imposed upon the Holderholder of the Warrant Stock). The Corporation Company agrees that the shares so issued shall be and will shall for all purposes be deemed to be have been issued to such Holder holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered for exercise exercised or converted in accordance with the terms hereof. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or conversion of this Warrant. With respect to any fraction of a share called for upon the exercise or conversion of this Warrant, an amount equal to such fraction multiplied by the then current price at which each Fair Market Value of a share may be purchased hereunder of Warrant Stock on the date of exercise or conversion shall be paid in cash or check to the Holder of this WarrantHolder.

Appears in 2 contracts

Sources: Warrant Agreement (Usweb Corp), Warrant Agreement (Pointcast Inc)

ISSUANCE OF SHARES; NO FRACTIONAL SHARES OR SCRIP. Certificates for shares of Warrant Stock purchased hereunder shall be delivered to the Holder by the Corporation’s transfer agent at the Corporation’s expense within a reasonable time holder hereof promptly after the date on which this Warrant shall have been exercised in accordance with the terms hereof. Each certificate so delivered shall be in such denominations as may be requested by the Holder and shall be registered in the name of the Holder or, subject to applicable laws, such other name as shall be requested by the Holder. If, upon exercise of this Warrant, fewer than all of the shares of Common Stock evidenced by this Warrant are purchased prior to the Expiration Time, one or more new Warrants substantially in the form of, and on the terms in, this Warrant will be issued for the remaining number of shares of Common Stock not purchased upon exercise of this Warrant. The Corporation Company hereby represents and warrants that all shares of Common Warrant Stock which may be issued upon the exercise of this Warrant have been duly authorized and will, upon such exercise, be duly and validly authorized and issued, fully paid, paid and nonassessable and free from all taxes, liens, liens and charges in respect of the issuance thereof (other than liens or charges created by or imposed upon the Holderholder of the Warrant Stock). The Corporation Company agrees that the shares so issued shall be and will shall for all purposes be deemed to be have been issued to such Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered for exercise exercised in accordance with the terms hereof. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. With respect to any fraction of a share called for upon the exercise of this Warrant, an amount equal to such fraction multiplied by the then current price at which each Fair Market Value of a share may be purchased hereunder of Warrant Stock on the date of exercise shall be paid in cash or check to the Holder holder of this Warrant. Fair Market Value shall mean (i) the fair market value as determined in good faith by the Board of Directors of the Company or (ii) in the event of an IPO, the Fair Market Value shall equal the initial public offering price of the Company's Common Stock multiplied by 3.5650.

Appears in 1 contract

Sources: Warrant Agreement (Petsmart Com Inc)

ISSUANCE OF SHARES; NO FRACTIONAL SHARES OR SCRIP. Certificates for shares purchased hereunder shall be delivered to the Holder by the Corporation’s transfer agent at the Corporation’s expense holder hereof within a reasonable time after the date on which this Warrant shall have been exercised in accordance with the terms hereof. Each certificate so delivered shall be in such denominations as may be requested by the Holder and shall be registered in the name of the Holder or, subject to applicable laws, such other name as shall be requested by the Holder. If, upon exercise of this Warrant, fewer than all of the shares of Common Stock evidenced by this Warrant are purchased prior to the Expiration Time, one or more new Warrants substantially in the form of, and on the terms in, this Warrant will be issued for the remaining number of shares of Common Stock not purchased upon exercise of this Warrant. The Corporation Company hereby represents and warrants that all shares of Common Warrant Stock which may be issued upon the exercise of this Warrant will, upon such exercise, be duly and validly authorized and issued, fully paid, paid and nonassessable and free from all taxes, liens, liens and charges in respect of the issuance thereof (other than liens or charges created by or imposed upon the Holderholder of the Warrant Stock). The Corporation Company agrees that the shares so issued shall be and will be deemed to be issued to such Holder holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered for exercise exercised in accordance with the terms hereof. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. With respect to any fraction of a share called for upon the exercise of this Warrant, an amount equal to such fraction multiplied by the then current price at which each share may be purchased hereunder shall be paid in cash or check to the Holder holder of this Warrant.

Appears in 1 contract

Sources: Common Stock Purchase Warrant (Cobalt Group Inc)

ISSUANCE OF SHARES; NO FRACTIONAL SHARES OR SCRIP. Certificates for shares purchased hereunder or issuable upon conversion hereof shall be delivered to the Holder by the Corporation’s transfer agent at the Corporation’s expense holder hereof within a reasonable time (in no event exceeding ten (10) days) after the date on which this Warrant shall have been exercised or converted in accordance with the terms hereof. Each certificate so delivered shall be in such denominations as may be requested by the Holder and shall be registered in the name of the Holder or, subject to applicable laws, such other name as shall be requested by the Holder. If, upon exercise of this Warrant, fewer than all of the shares of Common Stock evidenced by this Warrant are purchased prior to the Expiration Time, one or more new Warrants substantially in the form of, and on the terms in, this Warrant will be issued for the remaining number of shares of Common Stock not purchased upon exercise of this Warrant. The Corporation Company hereby represents and warrants that all shares of Common Stock which may be issued upon the exercise or conversion of this Warrant will, upon such exerciseexercise or conversion, be duly and validly authorized and issued, fully paid, paid and nonassessable and free from all taxes, liens, liens and charges in respect of the issuance thereof (other than liens or charges created by or imposed upon the Holderholder of the Common Stock). The Corporation Company agrees that the shares so issued shall be and will shall for all purposes be deemed to be have been issued to such Holder holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered for exercise exercised or converted in accordance with the terms hereof. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or conversion of this Warrant. With respect to any fraction of a share called for upon the exercise or conversion of this Warrant, an amount equal to such fraction multiplied by the then current price at which each Fair Market Value of a share may be purchased hereunder of Common Stock on the date of exercise or conversion shall be paid in cash or check to the Holder holder of this Warrant.

Appears in 1 contract

Sources: Common Stock Purchase Warrant (Tripath Technology Inc)

ISSUANCE OF SHARES; NO FRACTIONAL SHARES OR SCRIP. Certificates for shares purchased hereunder or issuable upon conversion hereof shall be delivered to the Holder by the Corporation’s transfer agent at the Corporation’s expense holder hereof within a reasonable time after the date on which this Warrant shall have been exercised or converted in accordance with the terms hereof. Each certificate so delivered shall be in such denominations as may be requested by the Holder and shall be registered in the name of the Holder or, subject to applicable laws, such other name as shall be requested by the Holder. If, upon exercise of this Warrant, fewer than all of the shares of Common Stock evidenced by this Warrant are purchased prior to the Expiration Time, one or more new Warrants substantially in the form of, and on the terms in, this Warrant will be issued for the remaining number of shares of Common Stock not purchased upon exercise of this Warrant. The Corporation Company hereby represents and warrants that all shares of Common Warrant Stock which may be issued upon the exercise or conversion of this Warrant will, upon such exerciseexercise or conversion, be duly and validly authorized and issued, fully paid, paid and nonassessable and free from all taxes, liens, liens and charges in respect of the issuance thereof (other than liens or charges created by or imposed upon the Holderholder of the Warrant Stock). The Corporation company agrees that the shares so issued shall be and will shall for all purposes be deemed to be have been issued to such Holder holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered for exercise exercised or converted in accordance with the terms hereof. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or conversion of this Warrant. With respect to any fraction of a share called for upon the exercise or conversion of this Warrant, an amount equal to such fraction multiplied by the then current price at which each Fair Market Value of a share may be purchased hereunder of Warrant Stock on the date of exercise or conversion shall be paid in cash or check to the Holder holder of this Warrant.

Appears in 1 contract

Sources: Warrant Agreement (LXN Corp)

ISSUANCE OF SHARES; NO FRACTIONAL SHARES OR SCRIP. Certificates for shares purchased hereunder or issuable upon conversion hereof shall be delivered to the Holder by the Corporation’s transfer agent at the Corporation’s expense holder hereof within a reasonable time after the date on which this Warrant shall have been exercised or converted in accordance with the terms hereof. Each certificate so delivered shall be in such denominations as may be requested by the Holder and shall be registered in the name of the Holder or, subject to applicable laws, such other name as shall be requested by the Holder. If, upon exercise of this Warrant, fewer than all of the shares of Common Stock evidenced by this Warrant are purchased prior to the Expiration Time, one or more new Warrants substantially in the form of, and on the terms in, this Warrant will be issued for the remaining number of shares of Common Stock not purchased upon exercise of this Warrant. The Corporation Company hereby represents and warrants that all shares of Common Warrant Stock which may be issued upon the exercise or conversion of this Warrant will, upon such exerciseexercise or conversion, be duly and validly authorized and issued, fully paid, paid and nonassessable and free from all taxes, liens, liens and charges in respect of the issuance thereof (other than liens or charges created by or imposed upon the Holderholder of the Warrant Stock). The Corporation Company agrees that the shares so issued shall be and will shall for all purposes be deemed to be have been issued to such Holder holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered for exercise exercised or converted in accordance with the terms hereof. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or conversion of this Warrant. With respect to any fraction of a share called for upon the exercise or conversion of this Warrant, an amount equal to such fraction multiplied by the then current price at which each Fair Market Value of a share may be purchased hereunder of Warrant Stock on the date of exercise or conversion shall be paid in cash or check to the Holder holder of this Warrant.

Appears in 1 contract

Sources: Common Stock Purchase Warrant (LXN Corp)

ISSUANCE OF SHARES; NO FRACTIONAL SHARES OR SCRIP. Certificates for shares purchased hereunder shall be delivered to the Holder by the Corporation’s transfer agent at the Corporation’s expense within a reasonable time after the date on which this Warrant shall have been exercised in accordance with the terms hereof. Each certificate so delivered shall be in such denominations as may be requested by the Holder and shall be registered in the name of the Holder or, subject to applicable laws, such other name as shall be requested by the Holder. If, upon exercise of this Warrant, fewer than all of the shares of Common Stock evidenced by this Warrant are purchased prior to the Expiration Time, one or more new Warrants substantially in the form of, and on the terms in, this Warrant will be issued for the remaining number of shares of Common Stock not purchased upon exercise of this Warrantaforesaid. The Corporation hereby represents and warrants Company covenants that all shares of Common Stock which that may be issued upon the exercise of rights represented by this Warrant will, upon such exerciseexercise of the rights represented by this Warrant, be duly and validly authorized and issued, fully paid, paid and nonassessable and free from all taxes, liens, liens and charges in respect of the issuance issue thereof (other than liens or charges created by or imposed upon the Holdertaxes in respect of any transfer occurring contemporaneously with such issue). The Corporation Company agrees that that, if at the time of the surrender of this Warrant and exercise of the rights represented hereby, the Holder shall be entitled to exercise such rights, the shares so issued shall be and will be deemed to be issued to such Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered for exercise in accordance with the terms hereofexercised as aforesaid. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. With respect to any fraction of a share called for upon the exercise of this Warrant, an amount equal to such fraction multiplied by the then current price at which each share may be purchased hereunder shall be paid in cash to the Holder of this WarrantHolder.

Appears in 1 contract

Sources: Stock Purchase Warrant (Avenue a Inc)

ISSUANCE OF SHARES; NO FRACTIONAL SHARES OR SCRIP. Certificates for shares Shares purchased hereunder shall be issued in the name of the Holder of this Warrant and shall be delivered to the Holder by the Corporation’s transfer agent at the Corporation’s expense within a reasonable time as soon as practicable after the date on which this Warrant shall have been is exercised in accordance with the terms hereof. Each certificate so delivered shall be in such denominations as may be requested by the Holder and shall be registered in the name of the Holder or, subject to applicable laws, such other name as shall be requested by the Holder. If, The shares issued upon exercise of this Warrant, fewer than all of the shares of Common Stock evidenced by this Warrant are purchased prior to the Expiration Time, one or more new Warrants substantially in the form of, and on the terms in, this Warrant will be issued for the remaining number of shares of Common Stock not purchased upon exercise of this Warrant. The Corporation hereby represents and warrants that all shares of Common Stock which may be issued upon the exercise of this Warrant will, upon such exercise, be duly and validly authorized and issued, fully paid, and nonassessable and free from all taxes, liens, and charges in respect of the issuance thereof (other than liens or charges created by or imposed upon the Holder). The Corporation agrees that the shares so issued shall be and will be deemed to be have been issued to such Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered for exercised regardless of the date of delivery of such certificate, except that, if the date of exercise in accordance with is a date when the terms hereofstock transfer books of the Company are closed, the Holder shall be deemed to have become the holder of such Shares at the close of business on the next succeeding date on which the stock transfer books are open. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. With respect to any fraction of a share called for upon the exercise of this Warrant, the Company shall pay an amount equal to such fraction multiplied by the then current price at which each share may be purchased hereunder shall be paid in cash fair market value of one Share on the date of exercise by check or wire transfer to the Holder of this WarrantHolder.

Appears in 1 contract

Sources: Warrant Agreement (Redaptive, Inc.)

ISSUANCE OF SHARES; NO FRACTIONAL SHARES OR SCRIP. Certificates for shares purchased hereunder or issuable upon exercise hereof shall be delivered to the Holder by the Corporation’s transfer agent at the Corporation’s expense within a reasonable time after the date on which this Warrant shall have been exercised in accordance with the terms hereof. Each certificate so delivered shall be in such denominations as may be requested by the Holder and shall be registered in the name of the Holder or, subject to applicable laws, such other name as shall be requested by the Holder. If, upon exercise of this Warrant, fewer than all of the shares of Common Stock evidenced by this Warrant are purchased prior to the Expiration Time, one or more new Warrants substantially in the form of, and on the terms in, this Warrant will be issued for the remaining number of shares of Common Stock not purchased upon exercise of this Warrant. The Corporation Company hereby represents and warrants that all shares of Common Warrant Stock which may be issued upon the exercise of this Warrant will, upon such exercise, exercise be duly and validly authorized and issued, fully paid, paid and nonassessable and free from all taxes, liens, liens and charges in respect of the issuance thereof (other than liens or charges created by or imposed upon the HolderHolder of the Warrant Stock). The Corporation Company agrees that the shares so issued shall be and will shall for all purposes be deemed to be have been issued to such Holder holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered for exercise exercised in accordance with the terms hereof. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. With respect to any fraction of a share called for upon the exercise of this WarrantWarant, an amount equal to such fraction multiplied by the then current price at which each Fair Market Value of a share may be purchased hereunder of Warrant Stock on the date of exercise shall be paid in cash or check to the Holder of this WarrantHolder.

Appears in 1 contract

Sources: Common Stock Purchase Warrant (Whittman Hart Inc)

ISSUANCE OF SHARES; NO FRACTIONAL SHARES OR SCRIP. Certificates for shares purchased hereunder or issuable upon conversion hereof shall be delivered to the Holder by the Corporation’s transfer agent at the Corporation’s expense holder hereof within a reasonable time after the date on which this Warrant shall have been exercised or converted in accordance with the terms hereof. Each certificate so delivered shall be in such denominations as may be requested by the Holder and shall be registered in the name of the Holder or, subject to applicable laws, such other name as shall be requested by the Holder. If, upon exercise of this Warrant, fewer than all of the shares of Common Stock evidenced by this Warrant are purchased prior to the Expiration Time, one or more new Warrants substantially in the form of, and on the terms in, this Warrant will be issued for the remaining number of shares of Common Stock not purchased upon exercise of this Warrant. The Corporation Company hereby represents and warrants that all shares of Common Warrant Stock which may be issued upon the exercise or conversion of this Warrant will, upon such exerciseexercise or conversion, be duly and validly authorized and issued, fully paid, paid and nonassessable and free from all taxes, liens, liens and charges in respect of the issuance thereof (other than liens or charges created by or imposed upon the Holderholder of the Warrant Stock). The Corporation Company agrees that the shares so issued shall be and will be deemed to be issued to such Holder holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered for exercise exercised or converted in accordance with the terms hereof. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or conversion of this Warrant. With respect to any fraction of a share called for upon the exercise or conversion of this Warrant, an amount equal to such fraction multiplied by the then current price at which each share may be purchased hereunder shall be paid in cash to the Holder holder of this Warrant.

Appears in 1 contract

Sources: Common Stock Purchase Warrant (Focal Inc)

ISSUANCE OF SHARES; NO FRACTIONAL SHARES OR SCRIP. Certificates for shares purchased hereunder or issuable upon conversion hereof shall be delivered to the Holder by the Corporation’s transfer agent at the Corporation’s expense holder hereof within a reasonable time after the date on which this Warrant shall have been exercised or converted in accordance with the terms hereof. Each certificate so delivered shall be in such denominations as may be requested by the Holder and shall be registered in the name of the Holder or, subject to applicable laws, such other name as shall be requested by the Holder. If, upon exercise of this Warrant, fewer than all of the shares of Common Stock evidenced by this Warrant are purchased prior to the Expiration Time, one or more new Warrants substantially in the form of, and on the terms in, this Warrant will be issued for the remaining number of shares of Common Stock not purchased upon exercise of this Warrant. The Corporation Company hereby represents and warrants that all shares of Common Warrant Stock which may be issued upon the exercise or conversion of this Warrant will, upon such exerciseexercise or conversion, be duly and validly authorized and issued, fully paid, paid and nonassessable and free from all taxes, liens, liens and charges in respect of the issuance thereof (other than liens or charges created by or imposed upon the Holderholder of the Warrant Stock). The Corporation Company agrees that the shares so issued shall be and will shall for all purposes be deemed to be have been issued to such Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered for exercise exercised or converted in accordance with the terms hereof. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or conversion of this Warrant. With respect to any fraction of a share called for upon the exercise or conversion of this Warrant, an amount equal to such fraction multiplied by the then current price at which each Fair Market Value of a share may be purchased hereunder of Warrant Stock on the date of exercise or conversion shall be paid in cash or check to the Holder holder of this Warrant.

Appears in 1 contract

Sources: Warrant Agreement (LXN Corp)

ISSUANCE OF SHARES; NO FRACTIONAL SHARES OR SCRIP. Certificates for shares purchased hereunder shall be delivered to the Holder by the Corporation’s transfer agent at the Corporation’s expense within a reasonable time after the date on which this Warrant shall have been exercised in accordance with the terms hereof. Each certificate so delivered shall be in such denominations as may be requested by the Holder and shall be registered in the name of the Holder or, subject to applicable laws, such other name as shall be requested by the Holder. If, upon exercise of this Warrant, fewer than all of the shares of Common Stock evidenced by this Warrant are purchased prior to the Expiration Time, one or more new Warrants substantially in the form of, and on the terms in, this Warrant will be issued for the remaining number of shares of Common Stock not purchased upon exercise of this Warrant. The Corporation Company hereby represents and warrants that all shares of Common Warrant Stock which may be issued upon the exercise of this Warrant will, upon such exercise, be duly and validly authorized and issued, fully paid, paid and nonassessable and free from all taxes, liens, liens and charges in respect of the issuance thereof (other than liens or charges [*] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMMITED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. created by or imposed upon the Holderholder of the Warrant Stock). The Corporation Company agrees that the shares so issued shall be and will shall for all purposes be deemed to be have been issued to such Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered for exercise exercised in accordance with the terms hereof. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. With respect to any fraction of a share called for upon the exercise of this Warrant, an amount equal to such fraction multiplied by the then current price at which each Fair Market Value (as determined in good faith by the Company's Board of Directors) of a share may be purchased hereunder of Warrant Stock on the date of exercise shall be paid in cash or check to the Holder holder of this Warrant.

Appears in 1 contract

Sources: Sales Representative Agreement (Realnames Corp)