Common use of Maximum Percentage Representation Clause in Contracts

Maximum Percentage Representation. Notwithstanding anything to the contrary contained herein, this Exercise Notice shall constitute a representation by the Holder of the Warrant submitting this Exercise Notice that after giving effect to the exercise provided for in this Exercise Notice, such Holder (together with its affiliates) will not have beneficial ownership (together with the beneficial ownership of such Person’s affiliates) of a number of shares of Common Stock which exceeds the Maximum Percentage (as defined in the Warrant) of the total outstanding shares of Common Stock of the Company as determined pursuant to the provisions of Section 1(f) of the Warrant.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Adamis Pharmaceuticals Corp), Securities Purchase Agreement (CONTRAFECT Corp), Underwriting Agreement (Polarityte, Inc.)

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Maximum Percentage Representation. Notwithstanding anything to the contrary contained herein, this Exercise Notice shall constitute a representation by the Holder of the Warrant submitting this Exercise Notice that after giving effect to the exercise provided for in this Exercise Notice, such Holder (together with its affiliatesthe other Attribution Parties) will not have beneficial ownership (together with the beneficial ownership of such Person’s affiliatesother Attribution Parties) of a number of shares of Common Stock which exceeds the Maximum Percentage (as defined in the Warrant) of the total outstanding shares of Common Stock of the Company as determined pursuant to the provisions of Section 1(f) of the WarrantWarrant and utilizing a Reported Outstanding Share Number equal to ______________.

Appears in 4 contracts

Samples: SenesTech, Inc., SenesTech, Inc., SenesTech, Inc.

Maximum Percentage Representation. Notwithstanding anything to the contrary contained herein, this Notice of Exercise Notice shall constitute a representation by the Holder of the Warrant submitting this Notice of Exercise Notice that that, after giving effect to the exercise provided for in this Exercise NoticeNotice of Exercise, such Holder (together with its affiliates) will not have beneficial ownership (together with the beneficial ownership of such Personperson’s affiliates) of a number of shares of Common Stock which exceeds the Maximum Percentage (as defined in the Warrant) of the total outstanding shares of Common Stock of the Company as determined pursuant to the provisions of Section 1(f2(c) of the Warrant.

Appears in 3 contracts

Samples: SRAX, Inc., Common Stock and Warrant (Pedevco Corp), Pedevco Corp

Maximum Percentage Representation. Notwithstanding anything to the contrary contained herein, this This Exercise Notice shall constitute a representation by the Holder of the Warrant submitting this Exercise Notice that after giving effect to the exercise provided for in this Exercise Notice, such Holder (together with its affiliatesthe other Attribution Parties) will not have beneficial ownership (together with the beneficial ownership of such Person’s affiliatesother Attribution Parties) of a number of shares of Common Stock which exceeds the Maximum Percentage (as defined in the Warrant) of the total outstanding shares of Common Stock of the Company as determined pursuant to the provisions of Section 1(f1(f)(i) of the Warrant.

Appears in 2 contracts

Samples: Rescission and Exchange Agreement (Patriot National, Inc.), Securities Purchase Agreement (Patriot National, Inc.)

Maximum Percentage Representation. Notwithstanding anything to the contrary contained herein, this Exercise Notice shall constitute a representation by the Holder of the Warrant submitting this Exercise Notice that after giving effect to the exercise provided for in this Exercise Notice, such Holder (together with its affiliatesthe other Attribution Parties) will not have beneficial ownership (together with the beneficial ownership of such Person’s affiliatesother Attribution Parties) of a number of shares of Common Stock which exceeds the Maximum Percentage (as defined in the Warrant) of the total outstanding shares of Common Stock of the Company as determined pursuant to the provisions of Section 1(f1(d) of the WarrantWarrant and utilizing a Reported Outstanding Share Number equal to .

Appears in 2 contracts

Samples: Exchange and Purchase Agreement (Gevo, Inc.), Registration Rights Agreement (Gevo, Inc.)

Maximum Percentage Representation. Notwithstanding anything to the contrary contained herein, this Exercise Notice shall constitute a representation by the Holder of the Warrant submitting this Exercise Notice that after giving effect to the exercise provided for in this Exercise Notice, such Holder (together with its affiliates) will not have beneficial ownership (together with the beneficial ownership of such Person’s affiliates) of a number of shares of Common Stock which exceeds the Maximum Percentage (as defined in the Warrant) of the total outstanding shares of Common Stock of the Company as determined pursuant to the provisions of Section 1(f1(e) of the Warrant.

Appears in 2 contracts

Samples: Subscription Agreement (Graf Acquisition Corp. IV), Subscription Agreement (Graf Acquisition Corp. IV)

Maximum Percentage Representation. Notwithstanding anything to the contrary contained herein, this Exercise Notice shall constitute a representation by the Holder of the Warrant submitting this Exercise Notice that that, after giving effect to the exercise provided for in this Exercise Notice, such Holder (together with its affiliates) will not have beneficial ownership (together with the beneficial ownership of such Person’s affiliates) of a number of shares of Common Stock Shares which exceeds the Maximum Percentage (as defined in the Warrant) of the total outstanding shares of Common Stock of the Company as determined pursuant to the provisions of Section 1(f) of the Warrant.

Appears in 1 contract

Samples: Securities Purchase Agreement (Digital Angel Corp)

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Maximum Percentage Representation. Notwithstanding anything to the contrary contained herein, this Exercise Notice shall constitute a representation by the Holder beneficial owner of the Warrant submitting this Exercise Notice exercised Warrants that after giving effect to the exercise provided for in this Exercise Notice, such Holder beneficial owner (together with its affiliatesAttribution Parties) will not have beneficial ownership (together with the beneficial ownership of such Person’s affiliates) of a number of shares of Common Stock which exceeds the Maximum Percentage (as defined in the WarrantWarrant Certificate) of the total outstanding shares of Common Stock of the Company as determined pursuant to the provisions of Section 1(f) of the WarrantWarrant Certificate.

Appears in 1 contract

Samples: Warrant Agency Agreement (TheRealReal, Inc.)

Maximum Percentage Representation. Notwithstanding anything to the contrary contained herein, this Notice of Exercise Notice shall constitute a representation by the Holder of the Warrant submitting this Notice of Exercise Notice that that, after giving effect to the exercise provided for in this Exercise NoticeNotice of Exercise, such Holder (together with its affiliates) will not have beneficial ownership (together with the beneficial ownership of such Personperson’s affiliates) of a number of shares of Common Stock which exceeds the Maximum Percentage (as defined in the Warrant) of the total outstanding shares of Common Stock of the Company as determined pursuant to the provisions of Section 1(f2(b) of the Warrant.

Appears in 1 contract

Samples: Generation Hemp, Inc.

Maximum Percentage Representation. Notwithstanding anything to the contrary contained herein, this Exercise Notice shall constitute a representation by the Holder of the Warrant submitting this Exercise Notice that after giving effect to the exercise provided for in this Exercise Notice, such Holder (together with its affiliatesthe other Attribution Parties) will not have beneficial ownership (together with the beneficial ownership of such Person’s affiliatesother Attribution Parties) of a number of shares of Common Stock which exceeds the Maximum Percentage (as defined in the Warrant) of the total outstanding shares of Common Stock of the Company as determined pursuant to the provisions of Section 1(f) of the WarrantWarrant and utilizing a Reported Outstanding Share Number equal to .

Appears in 1 contract

Samples: SenesTech, Inc.

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