Common use of Issuance of Stock Certificates Clause in Contracts

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise and (ii) unless this Warrant has expired, a new Warrant representing the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been exercised (less any amount thereof which shall have been canceled in payment or partial payment of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such time.

Appears in 22 contracts

Samples: Quest Oil Corp, Quest Oil Corp, Quest Oil Corp

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Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and (ii) unless deliver the shares to the DTC on a holder’s behalf via DWAC if the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 22 contracts

Samples: Securities Purchase Agreement (MedPro Safety Products, Inc.), Warrant Purchase Agreement (Vision Capital Advisors, LLC), Warrant Purchase Agreement (Juma Technology Corp.)

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise is in connection with a sale and (ii) unless the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 21 contracts

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

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise is in connection with a sale and (ii) unless the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 18 contracts

Samples: Escrow Agreement (Bond Laboratories, Inc.), Warrant Acknowledgement (BPO Management Services), Advanced Growing Systems, Inc.

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof Holder’s Prime Broker as specified in the Holder’s exercise form within a reasonable time, not exceeding three five (35) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three five (35) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise and (ii) unless this Warrant has expired, a new Warrant representing is in connection with sale in reliance upon an effective Registration Statement or other exemption from registration by which the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been exercised (less any amount thereof which shall have been canceled in payment or partial payment of the Warrant Price as hereinabove provided) shall also may be issued to without a restrictive legend and the Holder hereof at Issuer and its transfer agent are participating in DTC through the Issuer's expense within such timeDWAC system.

Appears in 16 contracts

Samples: Securities Purchase Agreement (China Internet Cafe Holdings Group, Inc.), One Horizon Group, Inc., One Horizon Group, Inc.

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if (i) such exercise and is in connection with a sale, (ii) unless such shares may be issued without restrictive legends and (iii) the Issuer and the transfer agent are participating in DTC through the DWAC system. If all of the conditions set forth in clauses (i), (ii) and (iii) above are not satisfied, the transfer agent shall deliver physical certificates representing the shares of Warrant Stock to such Holder. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 11 contracts

Samples: Jpak Group, Inc., Rx Staffing, Inc., Rx Staffing, Inc.

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect)Holder, issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise is in connection with a sale and (ii) unless the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 10 contracts

Samples: Agreement (Comprehensive Care Corp), Comprehensive Care Corp, Comprehensive Care Corp

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise is in connection with a sale or other exemption from registration by which the shares may be issued without a restrictive legend and (ii) unless the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 9 contracts

Samples: Registration Rights Agreement (Victory Divide Mining CO), Victory Divide Mining CO, National Realty & Mortgage Inc

Issuance of Stock Certificates. In the event of any ------------------------------ exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the "Delivery Date") or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company ("DTC") account on the Holder’s 's behalf via the Deposit Withdrawal Agent Commission System ("DWAC") within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder's behalf via DWAC if such exercise is in connection with a sale or other exemption from registration by which the shares may be issued without a restrictive legend and (ii) unless the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification reasonably acceptable to the Issuer undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 8 contracts

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

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after the Issuer and its transfer agent have received from the Holder this Warrant, a duly executed exercise form, the Exercise Price and all fees and expenses required hereby in support of such exercise (the "Delivery Date") or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect), issued and delivered to the Depository Trust Company ("DTC") account on the Holder’s 's behalf via the Deposit Withdrawal Agent Commission System ("DWAC") within a reasonable time, not exceeding three (3) Trading Days after such exerciseno later than the Delivery Date, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on the Holder's behalf via DWAC if such exercise is in connection with a sale and the Issuer and its transfer agent are participating with DTC through the DWAC system. The Holder shall deliver this original Warrant (ii) unless or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction), along with a duly executed exercise form, the Exercise Price and all fees and expenses required hereby in support of such exercise, at such time that this Warrant has expiredis exercised. If this Warrant shall have been exercised in part, the Issuer shall deliver to the Holder by the Delivery Date a new Warrant representing evidencing the number rights of shares of Holder to purchase the unpurchased Warrant StockShares called for by this Warrant, if any, with respect to which this new Warrant shall not then have been exercised (less any amount thereof which shall have been canceled in payment or partial payment of the Warrant Price as hereinabove provided) shall also all other respects be issued to the Holder hereof at the Issuer's expense within such timeidentical with this Warrant.

Appears in 7 contracts

Samples: Bioforce Nanosciences Holdings, Inc., Bioforce Nanosciences Holdings, Inc., Bioforce Nanosciences Holdings, Inc.

Issuance of Stock Certificates. In the event of any exercise of the rights represented by this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the "Delivery Date") or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect), issued and delivered to the Depository Trust Company ("DTC") account on the Holder’s 's behalf via the Deposit Withdrawal Agent Commission System ("DWAC") within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise and (ii) unless this Warrant has expired, a new Warrant representing the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been exercised (less any amount thereof which shall have been canceled in payment or partial payment of the Warrant Price as hereinabove hereinafter provided) shall also be issued to the Holder hereof at the Issuer's expense within such time. In addition to any other rights available to the Holder, if the Issuer fails to deliver to the Holder such certificate or certificates pursuant to Section 2(d) by the Delivery Date and if after the Delivery Date the Holder purchases (in an open market transaction or otherwise) shares of Common Stock to deliver in satisfaction of a sale by such Holder of the Warrant Stock which the Holder anticipated receiving upon such exercise (a "Buy-In"), then the Issuer shall pay in cash to the Holder an amount equal to (A) the aggregate amount paid by such Holder for the shares of Common Stock so purchased minus (B) the aggregate amount of net proceeds received by such Holder from the sale of the shares of Common Stock issued by the Issuer pursuant to such exercise. The Holder shall provide the Issuer written notice indicating the amounts payable to the Holder in respect of the Buy-In.

Appears in 6 contracts

Samples: Delcath Systems Inc, Delcath Systems Inc, Delcath Systems Inc

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effectfreely tradeable under Rule 144 under the Securities Act), issued and delivered to the Depository Trust Company (“DTC”) account of the Holder or its designee on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and (ii) unless deliver the shares to the DTC on a holder’s behalf via DWAC if the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 6 contracts

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

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the "Delivery Date") or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect), issued and delivered to the Depository Trust Company ("DTC") account on the Holder’s 's behalf via the Deposit Withdrawal Agent Commission System ("DWAC") within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder's behalf via DWAC if such exercise is in connection with a sale and (ii) unless the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 6 contracts

Samples: Freehand Information Systems, Inc., Freehand Information Systems, Inc., Freehand Information Systems, Inc.

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise is in connection with a sale or other exemption from registration by which the shares may be issued without a restrictive legend and (ii) unless the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification reasonably acceptable to the Issuer undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 6 contracts

Samples: Convertible Preferred Stock Purchase Agreement (United National Film Corp), Avicena Group, Inc., Avicena Group, Inc.

Issuance of Stock Certificates. In the event of any exercise of this Warrant Option in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Option Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three five (35) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Option Stock is then in effecteffect or that the resale of all shares of Option Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three five (35) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Option Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise and (ii) unless is in connection with a sale or other exemption from registration by which the shares may be issued without a restrictive legend. The Holder shall deliver this Warrant has expiredoriginal Option, a new Warrant representing or an indemnification undertaking with respect to such Option in the case of its loss, theft or destruction, at such time that this Option is fully exercised. With respect to partial exercises of this Option, the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Option Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 6 contracts

Samples: Brazil Minerals, Inc., Brazil Minerals, Inc., Brazil Minerals, Inc.

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the Delivery DateDate ”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect), issued and delivered to the Depository Trust Company (“DTC“ DTC ”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC“ DWAC ”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and (ii) unless deliver the shares to the DTC on a holder’s behalf via DWAC if the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 6 contracts

Samples: Securities Purchase Agreement (MedPro Safety Products, Inc.), Warrant Purchase Agreement (Juma Technology Corp.), MedPro Safety Products, Inc.

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three five (35) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three five (35) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise is in connection with a sale or other exemption from registration by which the shares may be issued without a restrictive legend and (ii) unless the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 5 contracts

Samples: Lihua International Inc., Eco Building International Inc, Compass Acquisition CORP

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the "Delivery Date") or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company ("DTC") account on the Holder’s 's behalf via the Deposit Withdrawal Agent Commission System ("DWAC") within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder's behalf via DWAC if such exercise is in connection with a sale or other exemption from registration by which the shares may be issued without a restrictive legend and (ii) unless the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification reasonably acceptable to the Issuer undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 5 contracts

Samples: Astrata Group Inc, Astrata Group Inc, Astrata Group Inc

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”"DELIVERY DATE") or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect), issued and delivered to the Depository Trust Company ("DTC") account on the Holder’s 's behalf via the Deposit Withdrawal Agent Commission System ("DWAC") within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder's behalf via DWAC if such exercise is in connection with a sale and (ii) unless the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 5 contracts

Samples: Marketing Worldwide Corp, Marketing Worldwide Corp, Marketing Worldwide Corp

Issuance of Stock Certificates. In the event of any exercise of this Warrant Option in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Option Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three five (35) Trading Days after such exercise (the "Delivery Date") or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Option Stock is then in effecteffect or that the resale of all shares of Option Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company ("DTC") account on the Holder’s 's behalf via the Deposit Withdrawal Agent Commission System ("DWAC") within a reasonable time, not exceeding three five (35) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Option Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder's behalf via DWAC if such exercise and (ii) unless is in connection with a sale or other exemption from registration by which the shares may be issued without a restrictive legend. The Holder shall deliver this Warrant has expiredoriginal Option, a new Warrant representing or an indemnification undertaking with respect to such Option in the case of its loss, theft or destruction, at such time that this Option is fully exercised. With respect to partial exercises of this Option, the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Option Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 4 contracts

Samples: Option Agreement (Brazil Minerals, Inc.), Option Agreement (Brazil Minerals, Inc.), Option Agreement (Brazil Minerals, Inc.)

Issuance of Stock Certificates. In the event of any exercise of the rights represented by this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect)Holder, issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder Holder of the shares of Warrant Stock so purchased as of the date of such exercise exercise, and (ii) unless this Warrant has expired, a new Warrant representing the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been exercised (less any amount thereof which shall have been canceled in payment or partial payment of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's ’s expense within such time. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on the Holder’s behalf via DWAC (or certificates free of restrictive legends) if such exercise is in connection with a sale by the Holder and the Holder has complied with the applicable prospectus delivery requirements or an exemption from such registration requirements (each as evidenced by documentation furnished to and reasonably satisfactory to the Issuer).

Appears in 4 contracts

Samples: Neoprobe Corp, Neoprobe Corp, Neoprobe Corp

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three five (35) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the resale of all shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three five (35) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise and (ii) unless is in connection with a sale or other exemption from registration by which the shares may be issued without a restrictive legend. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 4 contracts

Samples: Brazil Minerals, Inc., Brazil Minerals, Inc., Brazil Minerals, Inc.

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three five (35) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three five (35) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise and (ii) unless is in connection with a sale or other exemption from registration by which the shares may be issued without a restrictive legend. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 4 contracts

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

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC only if such exercise is in connection with a sale or other exemption from registration by which the shares may be issued without a restrictive legend and (ii) unless the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification reasonably acceptable to the Issuer undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 4 contracts

Samples: Astrata Group Inc, Astrata Group Inc, Astrata Group Inc

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exerciseexercise (provided, however that the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on the Holder’s behalf via DWAC or certificates free of restrictive legends if such exercise is in connection with a sale (as evidenced by documentation furnished to and reasonably satisfactory to the Issuer) and the registration statement providing for the resale of the Warrant Stock is effective, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise and (ii) unless this Warrant has expired, a new Warrant representing the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been exercised (less any amount thereof which shall have been canceled in payment or partial payment of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such time.

Appears in 4 contracts

Samples: Registration Rights Agreement (Impart Media Group Inc), Security Agreement (Financialcontent Inc), Security Agreement (Financialcontent Inc)

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof Holder’s Prime Broker as specified in the Holder’s exercise form within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise and (ii) unless this Warrant has expired, a new Warrant representing is in connection with sale in reliance upon an effective Registration Statement or other exemption from registration by which the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been exercised (less any amount thereof which shall have been canceled in payment or partial payment of the Warrant Price as hereinabove provided) shall also may be issued to without a restrictive legend and the Holder hereof at Issuer and its transfer agent are participating in DTC through the Issuer's expense within such timeDWAC system.

Appears in 3 contracts

Samples: Timberjack Sporting Supplies, Inc., Aivtech International Group Co., Timberjack Sporting Supplies, Inc.

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof Holder’s Prime Broker as specified in the Holder’s exercise form within a reasonable time, not exceeding three five (35) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three five (35) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise is in connection with a sale or other exemption from registration by which the shares may be issued without a restrictive legend and (ii) unless the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification reasonably acceptable to the Issuer undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 3 contracts

Samples: ChinaNet Online Holdings, Inc., International Imaging Systems Inc, ChinaNet Online Holdings, Inc.

Issuance of Stock Certificates. (i) In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or the shares of Warrant Stock may be sold pursuant to Rule 144 of the Securities Act without restriction), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to DTC on a holder’s behalf via DWAC if (i) such exercise and is in connection with a sale, (ii) unless such shares may be issued without restrictive legends and (iii) the Issuer and the transfer agent are participating in DTC through the DWAC system. If all of the conditions set forth in clauses (i), (ii) and (iii) above are not satisfied, the transfer agent shall deliver physical certificates representing the shares of Warrant Stock to such Holder. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Arista Power, Inc.), Duke Mining Company, Inc., Kaching Kaching, Inc.

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three ten (310) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three ten (310) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise and (ii) unless is in connection with a sale or other exemption from registration by which the shares may be issued without a restrictive legend. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 3 contracts

Samples: Kirin International Holding, Inc., Ciglarette, Inc., Ciglarette, Inc.

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect and the Holder so requests in writing of the Issuer), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and (ii) unless deliver the shares to the DTC on a holder’s behalf via DWAC if the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification undertaking in a form reasonably satisfactory to the Issuer with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 3 contracts

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

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the "Delivery Date") or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect), issued and delivered to the Depository Trust Company ("DTC") account on the Holder’s 's behalf via the Deposit Withdrawal Agent Commission System ("DWAC") within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and (ii) unless deliver the shares to the DTC on a holder's behalf via DWAC if the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 2 contracts

Samples: Total Luxury Group Inc, Total Luxury Group Inc

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or), at the request Holder hereof shall be deemed for all purposes to be the holder of the shares Warrant Stock so purchased as of the date of such exercise. Upon the conversion by the Holder of the Warrant Stock into shares of Common Stock of the Issuer (the “Underlying Common Stock”), the Holder may request (provided that a registration statement under the Securities Act providing for the resale of the Warrant Underlying Common Stock is then in effecteffect or that the shares of Underlying Common Stock are otherwise exempt from registration), that such shares be issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Underlying Common Stock so purchased as of the date of such exercise conversion. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and (ii) unless deliver the shares to the DTC on a holder’s behalf via DWAC if such conversion is in connection with a sale or other exemption from registration by which the shares of Underlying Common Stock may be issued without a restrictive legend and the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 2 contracts

Samples: Registration Rights Agreement (Victory Divide Mining CO), Victory Divide Mining CO

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after the Issuer and its transfer agent have received from the Holder this Warrant, a duly executed exercise form, the Exercise Price and all fees and expenses required hereby in support of such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exerciseno later than the Delivery Date, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on the Holder’s behalf via DWAC if such exercise is in connection with a sale and the Issuer and its transfer agent are participating with DTC through the DWAC system. The Holder shall deliver this original Warrant (ii) unless or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction), along with a duly executed exercise form, the Exercise Price and all fees and expenses required hereby in support of such exercise, at such time that this Warrant has expiredis exercised. If this Warrant shall have been exercised in part, the Issuer shall deliver to the Holder by the Delivery Date a new Warrant representing evidencing the number rights of shares of Holder to purchase the unpurchased Warrant StockShares called for by this Warrant, if any, with respect to which this new Warrant shall not then have been exercised (less any amount thereof which shall have been canceled in payment or partial payment of the Warrant Price as hereinabove provided) shall also all other respects be issued to the Holder hereof at the Issuer's expense within such timeidentical with this Warrant.

Appears in 2 contracts

Samples: Warrant Purchase Agreement (Bioforce Nanosciences Holdings, Inc.), Warrant Purchase Agreement (Bioforce Nanosciences Holdings, Inc.)

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to as specified in the Holder hereof Holder’s exercise form within a reasonable time, not exceeding three five (35) Trading Days after such exercise (the “Delivery Date”) or). Or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three five (35) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise, provided that the Company has received approval and is eligible for electronic transfers via DWAC. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise and (ii) unless this Warrant has expired, a new Warrant representing is in connection with sale in reliance upon an effective Registration Statement or other exemption from registration by which the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been exercised (less any amount thereof which shall have been canceled in payment or partial payment of the Warrant Price as hereinabove provided) shall also may be issued to without a restrictive legend and the Holder hereof at Issuer and its transfer agent are participating in DTC through the Issuer's expense within such timeDWAC system.

Appears in 2 contracts

Samples: Westergaard Com Inc, Westergaard Com Inc

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”DateÓ) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC”ÒDTCÓ) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”ÒDWACÓ) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC only if such exercise is in connection with a sale or other exemption from registration by which the shares may be issued without a restrictive legend and (ii) unless the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification reasonably acceptable to the Issuer undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 2 contracts

Samples: Max Sound Corp, Max Sound Corp

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) time or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the resale of all shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise and (ii) unless is in connection with a sale or other exemption from registration by which the shares may be issued without a restrictive legend. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such time.each date of exercise

Appears in 2 contracts

Samples: Kryptic Entertainment Inc., Kryptic Entertainment Inc.

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on the Holder’s behalf via DWAC if such exercise is in connection with a sale or other exemption from registration by which the shares may be issued without a restrictive legend and (ii) unless the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification reasonably acceptable to the Issuer undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 2 contracts

Samples: United National Film Corp, United National Film Corp

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect and the Holder so requests in writing of the Issuer), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and (ii) unless deliver the shares to the DTC on a holder’s behalf via DWAC if the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this Warrant has expiredoriginal Warrant, or an indemnification undertaking in a new Warrant representing form reasonably satisfactory to the number of shares of Warrant Stock, if any, Issuer with respect to which such Warrant in the case of its loss, theft or destruction, at such time that this Warrant shall not then have been exercised (less any amount thereof which shall have been canceled in payment or partial payment of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such time.is fully

Appears in 2 contracts

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

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Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof Holder’s Prime Broker as specified in the Holder’s exercise form within a reasonable time, not exceeding three five (35) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three five (35) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise and (ii) unless this Warrant has expired, is in connection with a new Warrant representing sale in reliance upon an effective Registration Statement or other exemption from registration by which the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been exercised (less any amount thereof which shall have been canceled in payment or partial payment of the Warrant Price as hereinabove provided) shall also may be issued to without a restrictive legend and the Holder hereof at Issuer and its transfer agent are participating in DTC through the Issuer's expense within such timeDWAC system.

Appears in 2 contracts

Samples: Silver Pearl Enterprises, Inc., Keyuan Petrochemicals, Inc.

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the "Delivery Date") or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect), issued and delivered to the Depository Trust Company ("DTC") account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System ("DWAC") within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise is in connection with a sale and (ii) unless the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 2 contracts

Samples: International American Technologies, Inc., International American Technologies, Inc.

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three five (35) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the resale of shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three five (35) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise and (ii) unless is in connection with a sale or other exemption from registration by which the shares may be issued without a restrictive legend. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 1 contract

Samples: Alpine Alpha 2, Ltd.

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after the Issuer and its transfer agent have received from the Holder this Warrant, a duly executed exercise form, the Exercise Price and all fees and expenses required hereby in support of such exercise (the "Delivery Date") or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect), issued and delivered to the Depository Trust Company ("DTC") account on the Holder’s 's behalf via the Deposit Withdrawal Agent Commission System ("DWAC") within a reasonable time, not exceeding three (3) Trading Days after such exerciseno later than the Delivery Date, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on the Holder's behalf via DWAC if such exercise is in connection with a sale and the Issuer and its transfer agent are participating with DTC through the DWAC system. The Holder shall deliver this original Warrant (ii) unless or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction), along with a duly executed exercise form, the Exercise Price and all fees and expenses required hereby in support of such exercise at such time that this Warrant has expiredis exercised. If this Warrant shall have been exercised in part, the Issuer shall deliver to the Holder by the Delivery Date a new Warrant representing evidencing the number rights of shares of Holder to purchase the unpurchased Warrant StockShares called for by this Warrant, if any, with respect to which this new Warrant shall not then have been exercised (less any amount thereof which shall have been canceled in payment or partial payment of the Warrant Price as hereinabove provided) shall also all other respects be issued to the Holder hereof at the Issuer's expense within such timeidentical with this Warrant.

Appears in 1 contract

Samples: Bioforce Nanosciences Holdings, Inc.

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the Delivery DateDate ”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC“ DTC ”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC“ DWAC ”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise is in connection with a sale or other exemption from registration by which the shares may be issued without a restrictive legend and (ii) unless the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification reasonably acceptable to the Issuer undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 1 contract

Samples: Avicena Group, Inc.

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect), freely tradeable under Rule 144 under the Securities Act) issued and delivered to the Depository Trust Company (“DTC”) account of the Holder or its designee on the Holder’s 's behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and (ii) unless deliver the shares to the DTC on a holder’s behalf via DWAC if the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 1 contract

Samples: Credit Agreement (American Apparel, Inc)

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall shall, (A) to the extent practicable, be dated the date of such exercise and (B) delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise and (ii) unless this Warrant has expired, a new Warrant representing the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been exercised (less any amount thereof which shall have been canceled in payment or partial payment including by way of the Warrant Price as hereinabove providedcashless exercise, if any) shall also be issued to the Holder hereof at the Issuer's ’s expense within such time. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise is in connection with a sale and the Issuer and its transfer agent are participating in DTC through the DWAC system.

Appears in 1 contract

Samples: StatSure Diagnostic Systems, Inc.

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect), freely tradeable under Rule 144 under the Securities Act) issued and delivered to the Depository Trust Company (“DTC”) account of the Holder or its designee on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and (ii) unless deliver the shares to the DTC on a holder’s behalf via DWAC if the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this Warrant has expiredoriginal Warrant, a new Warrant representing the number of shares of Warrant Stock, if any, or an indemnification undertaking with respect to which such Warrant in the case of its loss, theft or destruction, at such time that this Warrant shall not then have been exercised (less any amount thereof which shall have been canceled in payment or partial payment of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such time.is fully

Appears in 1 contract

Samples: Credit Agreement (American Apparel, Inc)

Issuance of Stock Certificates. (i) In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or the shares of Warrant Stock may be sold pursuant to Rule 144 of the Securities Act without restriction), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to DTC on a holder’s behalf via DWAC if (i) such exercise and is in connection with a sale, (ii) unless such shares may be issued without restrictive legends and (iii) the Issuer and the transfer agent are participating in DTC through the DWAC system. If all of the conditions set forth in clauses (i), (ii) and (iii) above are not satisfied, the transfer agent shall deliver physical certificates representing the shares of Warrant Stock to the Holder. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 1 contract

Samples: Kaching Kaching, Inc.

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect), freely tradeable under Rule 144 under the Securities Act) issued and delivered to the Depository Trust Company (“DTC”) account of the Holder or its designee on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and (ii) unless deliver the shares to the DTC on a holder’s behalf via DWAC if the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 1 contract

Samples: American Apparel, Inc

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the "Delivery Date") or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect), issued and delivered to the Depository Trust Company ("DTC") account on the Holder’s 's behalf via the Deposit Withdrawal Agent Commission System ("DWAC") within a reasonable time, not exceeding three (3) Trading Days after such exerciseexercise (provided, however that the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on the Holder's behalf via DWAC or certificates free of restrictive legends if such exercise is in connection with a sale (as evidenced by documentation furnished to and reasonably satisfactory to the Issuer) and the registration statement providing for the resale of the Warrant Stock is effective, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise and (ii) unless this Warrant has expired, a new Warrant representing the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been exercised (less any amount thereof which shall have been canceled in payment or partial payment of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such time.

Appears in 1 contract

Samples: Note and Warrant Purchase (Financialcontent Inc)

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock Shares so purchased shall be dated the date of such exercise and delivered to the Holder hereof Holder’s Prime Broker as specified in the Holder’s exercise form within a reasonable time, not exceeding three five (35) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock Shares is then in effecteffect or that the shares of Warrant Shares are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) when available, within a reasonable time, not exceeding three five (35) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock Shares so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Company or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise is in connection with a sale or other exemption from registration by which the shares may be issued without a restrictive legend and (ii) unless the Company and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification reasonably acceptable to the Company undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Company shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Shares exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 1 contract

Samples: Gulfstream International Group Inc

Issuance of Stock Certificates. In the event of any exercise or deemed exercise of the rights represented by this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect)Holder, issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder Holder of the shares of Warrant Stock so purchased as of the date of such exercise exercise, and (ii) unless this Warrant has expired, a new Warrant representing the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been exercised (less any amount thereof which shall have been canceled in payment or partial payment of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's ’s expense within such time. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on the Holder’s behalf via DWAC (or certificates free of restrictive legends) if such exercise is in connection with a sale by the Holder and the Holder has complied with the applicable prospectus delivery requirements or an exemption from such registration requirements (each as evidenced by documentation furnished to and reasonably satisfactory to the Issuer).

Appears in 1 contract

Samples: Navidea Biopharmaceuticals, Inc.

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three five (35) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) behalf, within a reasonable time, not exceeding three five (35) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise and (ii) unless is in connection with a sale or other exemption from registration by which the shares may be issued without a restrictive legend. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such time.each date of exercise. MOT #: MOT 849207105 STLT USA #: USA 849207105 STLT AMA #: AMA 849207105 STLT CSW #: CSW-849207105 STLT

Appears in 1 contract

Samples: Spotlight Innovation, Inc.

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect and the Holder so requests in writing of the Issuer), issued and delivered to the Depository Trust Company (the “DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and (ii) unless deliver the shares to the DTC on a holder’s behalf via DWAC if the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification undertaking in a form reasonably satisfactory to the Issuer with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 1 contract

Samples: NovaRay Medical, Inc.

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three five (35) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the resale of all shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three five (35) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise and (ii) unless is in connection with a sale or other exemption from registration by which the shares may be issued without a restrictive legend. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such time.each date of exercise

Appears in 1 contract

Samples: Buyonate Inc.

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and (ii) unless deliver the shares to the DTC on a holder’s behalf via DWAC if the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such time.each date of exercise. EXECUTION VERSION

Appears in 1 contract

Samples: Juma Technology Corp.

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three five (35) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC only if such exercise is in connection with a sale or other exemption from registration by which the shares may be issued without a restrictive legend and (ii) unless the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification reasonably acceptable to the Issuer undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 1 contract

Samples: Cyclone Power Technologies Inc

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise is in connection with a sale or other exemption from registration by which the shares may be issued without a restrictive legend and (ii) unless the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this Warrant has expiredoriginal Warrant, a new Warrant representing the number of shares of Warrant Stock, if any, or an indemnification undertaking with respect to which such Warrant in the case of its loss, theft or destruction, at such time that this Warrant shall not then have been exercised (less any amount thereof which shall have been canceled in payment or partial payment of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeis fully exercised.

Appears in 1 contract

Samples: Fushi Copperweld, Inc.

Issuance of Stock Certificates. In the event of any exercise of the rights represented by this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise and (ii) unless this Warrant has expired, a new Warrant representing the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been exercised (less any amount thereof which shall have been canceled in payment or partial payment of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's ’s expense within such time. Notwithstanding the foregoing to the contrary, the Issuer or its designated transfer agent shall only be required to issue and deliver the shares to the DTC on a Holder’s behalf via DWAC if such exercise is in connection with a sale and all requirements to effect such DWAC have been met, including, but not limited to, the prospectus delivery requirements. If the Issuer or its designated transfer agent cannot issue the shares to a Holder via DWAC because the aforementioned conditions are not satisfied, the Issuer shall deliver physical certificates to the Holder.

Appears in 1 contract

Samples: Satcon Technology Corp

Issuance of Stock Certificates. In the event of any exercise of the rights represented by this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effect), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise and (ii) unless this Warrant has expired, a new Warrant representing the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been exercised (less any amount thereof which shall have been canceled in payment or partial payment of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's ’s expense within such time. Notwithstanding the foregoing to the contrary, the Issuer or its designated transfer agent shall only be required to issue and deliver the shares to the DTC on a Holder’s behalf via DWAC if such exercise is in connection with a sale and all requirements to effect such DWAC have been met, including, but not limited to, the prospectus delivery requirements. If the Issuer or its designated transfer agent cannot issue the shares to a Holder via DWAC because the aforementioned conditions are not satisfied, the Issuer shall deliver physical certificates to the Holder.

Appears in 1 contract

Samples: Satcon Technology Corp

Issuance of Stock Certificates. In the event of any exercise of --------------------------------- this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the "Delivery -------- Date") or, at the request of the Holder (provided that a registration statement ---- under the Securities Act providing for the resale of the Warrant Stock is then in effect), issued and delivered to the Depository Trust Company ("DTC") account --- on the Holder’s 's behalf via the Deposit Withdrawal Agent Commission System ("DWAC") within a reasonable time, not exceeding three (3) Trading Days after ---- such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder's behalf via DWAC if such exercise is in connection with a sale and (ii) unless the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 1 contract

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

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof Holder’s Prime Broker as specified in the Holder’s exercise form within a reasonable time, not exceeding three five (35) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or that the shares of Warrant Stock are otherwise exempt from registration), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) when available, within a reasonable time, not exceeding three five (35) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise is in connection with a sale or other exemption from registration by which the shares may be issued without a restrictive legend and (ii) unless the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification reasonably acceptable to the Issuer undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 1 contract

Samples: Gulfstream International Group Inc

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or the shares of Warrant Stock may be sold pursuant to Rule 144 of the Securities Act without restriction), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if (i) such exercise and is in connection with a sale, (ii) unless such shares may be issued without restrictive legends and (iii) the Issuer and the transfer agent are participating in DTC through the DWAC system. If all of the conditions set forth in clauses (i), (ii) and (iii) above are not satisfied, the transfer agent shall deliver physical certificates representing the shares of Warrant Stock to such Holder. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Activecare, Inc.)

Issuance of Stock Certificates. In the event of any exercise of this Warrant in accordance with and subject to the terms and conditions hereof, (i) certificates for the shares of Warrant Stock so purchased shall be dated the date of such exercise and delivered to the Holder hereof within a reasonable time, not exceeding three (3) Trading Days after such exercise (the “Delivery Date”) or, at the request of the Holder (provided that a registration statement under the Securities Act providing for the resale of the Warrant Stock is then in effecteffect or the Warrant Stock may be sold pursuant to an exemption from registration), issued and delivered to the Depository Trust Company (“DTC”) account on the Holder’s behalf via the Deposit Withdrawal Agent Commission System (“DWAC”) within a reasonable time, not exceeding three (3) Trading Days after such exercise, and the Holder hereof shall be deemed for all purposes to be the holder of the shares of Warrant Stock so purchased as of the date of such exercise. Notwithstanding the foregoing to the contrary, the Issuer or its transfer agent shall only be obligated to issue and deliver the shares to the DTC on a holder’s behalf via DWAC if such exercise is in connection with a sale and (ii) unless the Issuer and its transfer agent are participating in DTC through the DWAC system. The Holder shall deliver this original Warrant, or an indemnification undertaking with respect to such Warrant in the case of its loss, theft or destruction, at such time that this Warrant has expiredis fully exercised. With respect to partial exercises of this Warrant, a new Warrant representing the Issuer shall keep written records for the Holder of the number of shares of Warrant Stock, if any, with respect to which this Warrant shall not then have been Stock exercised (less any amount thereof which shall have been canceled in payment or partial payment as of the Warrant Price as hereinabove provided) shall also be issued to the Holder hereof at the Issuer's expense within such timeeach date of exercise.

Appears in 1 contract

Samples: Advanced Growing Systems, Inc.

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