Common use of Mandatory Exercise Clause in Contracts

Mandatory Exercise. i. At the Company’s election, the Company shall have the right to require the Holder to exercise all or any portion of this Warrant still unexercised (a “Mandatory Exercise”) into fully paid, validly issued and nonassessable Warrant ADSs or Warrant Shares [or Pre-Funded Warrants] in accordance with Section 2(d) hereof, at the Exercise Price in effect upon achievement of the Mandatory Exercise Event. ii. The Company may effect this Mandatory Exercise under Section 2(c)(i) by delivering a written notice thereof by electronic mail to the Holder (the “Mandatory Exercise Notice”) within five (5) Business Days following the Trading Day on which the Mandatory Exercise Event occurred (the “Mandatory Exercise Notice Date”). The Mandatory Exercise Notice shall include (i) the aggregate number of Warrant ADSs/Warrant Shares subject to such Mandatory Exercise (the “Mandatory Exercise Amount”) and (ii), to the satisfaction of the Holder, reasonable documentation to evidence that the Mandatory Exercise Event was achieved. Upon receipt of the Mandatory Exercise Notice, the Holder shall exercise this Warrant in accordance with Section 2(d) at any time prior to the Warrant Exercise Deadline, provided, however, that if the Mandatory Exercise Notice is delivered within five (5) Business Days prior to the Warrant Exercise Deadline, the Warrant Exercise Deadline shall be automatically extended by five (5) Business Days.

Appears in 4 contracts

Sources: Security Agreement (ASLAN Pharmaceuticals LTD), Security Agreement (ASLAN Pharmaceuticals LTD), Security Agreement (ASLAN Pharmaceuticals LTD)

Mandatory Exercise. i. At If at any time from and after the date hereof, the closing price of the Company’s electioncommon stock on the Trading Market equals or exceeds $9.00 per share (which amount may be adjusted for certain capital events, such as stock splits, as described herein) for twenty (20) Trading Days during any thirty (30) day period (the “Mandatory Exercise Measuring Period”), then the Company shall have the right to require the Holder to exercise all or any portion of this Warrant still unexercised for a cash exercise, as designated in the Mandatory Exercise Notice on the Mandatory Exercise Date (a “Mandatory Exercise”each as defined below) into fully paid, validly issued and nonassessable Warrant ADSs or Warrant Shares [or Pre-Funded Warrants] shares of Common Stock in accordance with Section 2(d) hereof, 2 hereof at the Exercise Price in effect upon achievement as of the Mandatory Exercise Event. iiDate (as defined below) (a “Mandatory Exercise”). The Company may effect exercise its right to require exercise under this Section 2 by delivering within not more than five (5) Trading Days following the end of such Mandatory Exercise under Section 2(c)(i) by delivering Measuring Period a written notice thereof by electronic mail to the Holder (the “Mandatory Exercise Notice”) within five (5) Business Days following ” and the Trading Day on which date that the Mandatory Exercise Event occurred (Holder received such notice is referred to as the “Mandatory Exercise Notice Date”). The Mandatory Exercise Notice shall include be irrevocable. The Mandatory Exercise Notice shall state (iI) the Trading Day on which the Mandatory Exercise shall occur, which shall be the second (2nd) Trading Day following the Mandatory Exercise Notice Date (the “Mandatory Exercise Date”) and (II) the aggregate number of Warrant ADSs/Warrant Shares Warrants which the Company has elected to be subject to such Mandatory Exercise from the Holder (the “Mandatory Exercise Amount”) and (ii), pursuant to this Section 2. If the satisfaction of the Holder, reasonable documentation to evidence that Warrants have not been exercised by the Mandatory Exercise Event was achieved. Upon receipt of the Mandatory Exercise NoticeDate, the Holder shall exercise this Warrant in accordance with Section 2(d) at any time prior to the Warrant Exercise Deadline, provided, however, that if the Mandatory Exercise Notice is delivered within five (5) Business Days prior to the Warrant Exercise Deadline, the Warrant Exercise Deadline Warrants shall be automatically extended by five (5) Business Dayscancelled.

Appears in 3 contracts

Sources: Purchase Warrant (American BriVision (Holding) Corp), Purchase Warrant (American BriVision (Holding) Corp), Purchase Warrant (American BriVision (Holding) Corp)