Issue Exp Sample Clauses

Issue Exp. Reference Date Date Date Date No. -------------------------------------------------------------------------------- [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] -------------------------------------------------------------------------------- [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] -------------------------------------------------------------------------------- [ * ] Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company's application requesting confidential treatment under Rule 24b-2 of the Securities Exchange Act.
View SourceView Similar (2)
Issue Exp. Reference Date Date Date Date No. -------------------------------------------------------------------------------- [ * ] [ * ] [ * ] [ * ] [ * ] -------------------------------------------------------------------------------- [ * ]
View SourceView Similar (2)
Issue Exp. Reference Date Date Date Date No. -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- [ * ] [ * ] [ * ] [ * ] [ * ] -------------------------------------------------------------------------------- [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] -------------------------------------------------------------------------------- [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] -------------------------------------------------------------------------------- [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] -------------------------------------------------------------------------------- [ * ] -------------------------------------------------------------------------------- [ * ] [ * ] [ * ] [ * ] [ * ] -------------------------------------------------------------------------------- [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] -------------------------------------------------------------------------------- [ * ] [ * ] [ * ] [ * ] [ * ] [ * ] -------------------------------------------------------------------------------- [ * ]
View SourceView Similar (2)
Issue Exp. Shares Date Date Price -------------------------------------------------- 50,000 9/9/98 9/9/00 $ 0.50 70,000 7/23/98 7/23/03 $2.8125 EXHIBIT A --------- FORM OF DEBENTURE No. 1 THESE SECURITIES (INCLUDING ANY UNDERLYING SECURITIES) HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. THEY MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THE SECURITIES UNDER SAID ACT OR AN OPINION OF COUNSEL OR OTHER EVIDENCE REASONABLY SATISFACTORY TO THE COMPANY THAT SUCH REGISTRATION SHALL NO LONGER BE REQUIRED. NANOPIERCE TECHNOLOGIES, INC. 6% CONVERTIBLE DEBENTURE $500,000 January 11, ▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ 1. Consideration. FOR VALUE RECEIVED, NANOPIERCE TECHNOLOGIES, INC. a Nevada corporation (the "undersigned" or the "Company"), hereby promises to pay to the order of Equinox Investors LLC, at its offices located at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ #▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ or at such other place as the holder hereof (the "holder" or the "Registered Holder") shall designate to the undersigned in writing, in lawful money of the United States of America or in New York Clearing House Funds, the principal amount of Five Hundred Thousand Dollars ($500,000) on the Maturity Date (as defined below). This Debenture is one of three (3) Debentures issued to the Registered Holder on the date hereof in the aggregate principal amount of one million five hundred thousand dollars ($1,500,000). The undersigned promises to pay the said principal sum in accordance with the terms of this Debenture (as defined below). Capitalized terms used but not defined herein shall have the meanings set forth in the Securities Purchase Agreement (as defined below), including the Exhibits thereto.
View Source
Issue Exp. Shares Date Date Price ------------------------------------------------- 50,000 9/9/98 9/9/00 $ 0.50 5,000,000 12/10/99 12/10/04 $ 0.51 5,000,000 12/10/99 12/10/04 $ 0.51 52,500 10/27/99 10/27/02 $ 0.30 70,000 1/4/00 1/4/03 $ 1.50 140,000 10/26/99 10/26/02 $ 0.30 300,000 2/24/98 2/24/03 $ 0.25 140,000 11/8/98 11/8/02 $ 0.30 70,000 10/27/99 10/27/02 $ 0.30 70,000 12/17/99 12/17/02 $ 0.30 70,000 1/4/00 1/4/03 $ 1.50 70,000 11/22/99 11/22/02 $ 0.30 70,000 10/27/99 10/27/02 $ 0.30 105,000 10/26/99 10/26/02 $ 0.30 70,000 7/23/98 7/23/03 $ 2.8125 50,000 7/23/98 7/23/01 $3.28125 11,327,500 REGISTRATION RIGHTS Piggyback registration rights or demand registration rights have been granted to the holders of the warrants listed above. Pursuant to waivers executed by each warrant holder except as specified in Schedule 3(h) hereto, these warrants will not be a part of the Registration Statement to be filled in connection with this financing. SCHEDULE 3(h) No waiver has been obtained with respect to the registration rights associated with the warrants listed below.
View Source

Related to Issue Exp

  • Issue Tax The issuance of certificates for Warrant Shares upon the exercise of this Warrant shall be made without charge to the holder of this Warrant or such shares for any issuance tax or other costs in respect thereof, provided that the Company shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any certificate in a name other than the holder of this Warrant.

  • Issue of Warrants Creation and Issue of Warrants. 7 Section 2.2 Terms of Warrants 7 Section 2.3 Warrantholder not a Shareholder 8 Section 2.4 Warrants to Rank Pari Passu. 8 Section 2.5 Form of Warrants, Warrant Certificates. 8 Section 2.6 Book Entry Warrants 8 Section 2.7 Warrant Certificate. 10 Section 2.8 Legends 12 Section 2.9 Register of Warrants 14 Section 2.10 Issue in Substitution for Warrant Certificates Lost, etc. 15 Section 2.11 Exchange of Warrant Certificates. 15 Section 2.12 Transfer and Ownership of Warrants 16 Section 2.13 Cancellation of Surrendered Warrants 17

  • Net Issue Election The holder hereof may elect to receive, without the payment by such holder of any additional consideration, shares equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the Company, at the office of the Company. Thereupon, the Company shall issue to such holder such number of fully paid and nonassessable shares of Common Stock as is computed using the following formula: X = Y (A-B) ------- A where X = the number of shares to be issued to such holder pursuant to this Section 4. Y = the number of shares covered by this Warrant in respect of which the net issue election is made pursuant to this Section 4. A = the fair market value of one share of Common Stock, as determined in accordance with the following provisions, as at the time the net issue election is made pursuant to this Section 4. B = the Purchase Price in effect under this Warrant at the time the net issue election is made pursuant to this Section 4. For purposes of this Section 4, "fair market value" of one share of Common Stock shall be determined as follows: (1) Where there exists a public market for the Company's Common Stock at the time of such exercise, the fair market value per share shall be the average of the closing bid and asked prices of the Common Stock quoted in the Over-The-Counter Market Summary or the last reported sale price of the Common Stock or the closing price quoted on the NASDAQ System or on any exchange on which the Common Stock is listed, whichever is applicable, as published in THE WALL STREET JOURNAL for the five (5) trading days prior to the date to the date of determination of fair market value. Notwithstanding the foregoing, in the event the Warrants are exercised in connection with the Company's initial public offering of Common Stock, the fair market value per share shall be the per share offering price to the public of the Company's initial public offering. (2) If no public market for the Common Stock exists at the time of such exercise, the Company and the holder hereof shall negotiate in good faith in an effort to reach agreement upon the fair market value of one share of Common Stock for a period of ten (10) days after delivery of the executed subscription. (3) If the Company and the holder hereof are unable to reach agreement under the foregoing subparagraph (2), the fair market value of one share of Common Stock shall be determined by appraisal. The Company and the holder hereof shall each select an appraiser (the "Selected Appraisers") within thirty (30) days after the expiration of the ten-day period in subparagraph (2) above. Each Selected Appraiser shall render its appraisal within thirty (30) days of its appointment hereunder. In the event that either Selected Appraiser fails to render an appraisal within such thirty-day period, the first appraisal rendered shall be conclusive. In the event that the values determined by the Selected Appraisers differ by less than ten percent (10%) of the lower value, the fair market value shall be the average of the appraisals made by each of the Selected Appraisers. In the event that the values differ by ten percent (10%) or more of the lower value, the Selected Appraisers shall within ten (10) days select a third appraiser (the "Neutral Appraiser") to conduct an appraisal. The Neutral Appraiser shall render its appraisal within thirty (30) days of its appointment hereunder. The fair market value of one share of Common Stock shall be equal to the appraisal made by the Neutral Appraiser if such appraisal is between the two appraisals made by the Selected Appraisers or, if such appraisal by the Neutral Appraiser is not between the two appraisals made by the Selected Appraisers, then the fair market value of one share of Common Stock shall be that one of the two appraisals made by the Selected Appraisers that is closer to the appraisal made by the Neutral Appraiser. All appraisals delivered pursuant to this subparagraph (3) shall be in writing and signed by the appraiser. The fees, costs and expenses of each of the Selected Appraisers will be borne by the party who selected such appraiser, and the fees, costs and expenses of the Neutral Appraiser will be borne equally by the Company and the holder hereof. (4) In appraising the fair market value of one share of Common Stock, there shall be no discount for minority interests. (5) The fair market value as determined in accordance with this Section 4 shall be conclusive, final and binding upon the Company and the holder hereof, and shall be enforceable in any court having jurisdiction over a proceeding to enforce the terms of this Warrant.

  • Issue Warrants Issue warrants for Borrower’s capital stock.

  • Net Issue Exercise Notwithstanding any provisions herein to the contrary, if the fair market value of one share of the Company's Common Stock is greater than the Per Share Exercise Price (at the date of calculation as set forth below), in lieu of exercising the Option for cash, the Optionee may elect to receive shares equal to the value (as determined below) of the Option (or the portion thereof being canceled) by surrender of the Option at the principal office of the Company together with the properly endorsed Notice of Exercise and Subscription Form and notice of such election, in which event the Company will issue to the Optionee a number of shares of Common Stock computed using the following formula: X = Y (A-B) ------- A Where X = the number of shares of Common Stock to be issued to the Optionee Y = the number of shares of Common Stock purchasable under the Option or, if only a portion of the Option is being exercised, the portion of the Option being canceled (at the date of such calculation) A = the fair market value of one share of the Company's Common Stock (at the date of such calculation) B = Per Share Exercise Price (as adjusted to the date of such calculation) For purposes of the above calculation, fair market value of one share of the Company's Stock will be the average of the closing prices of the Company's shares of Common Stock as quoted on the OTC Bulletin Board (the "OTCBB") (or on such other United States stock exchange or public trading market or quotation medium on or by which the shares of the Company trade or are quoted if, at the time of the election, they are not trading or being quoted on the OTCBB), for the five (5) consecutive trading days immediately preceding the date of the date the completed, executed Notice of Exercise and Subscription Form is received.