Common use of Method of Exercise Payment Clause in Contracts

Method of Exercise Payment. Subject to Section 1 hereof, the purchase right represented by this Warrant may be exercised by the holder hereof, in whole or in part, at any time, by either, at the election of the holder hereof, (a) the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit A duly executed) at the principal office of the Company and by the payment to the Company, by check or wire transfer to an account designated by the Company, of an amount equal to the then applicable Warrant Price multiplied by the number of Shares then being purchased, or (b) pursuant to the provisions of Section 9 hereof. The person in whose name any certificate representing shares of Series C Preferred shall be issuable upon exercise of this Warrant shall be deemed to have become the holder of record of, and shall be treated for all purposes as the record holder of, the shares represented thereby (and such shares shall be deemed to have been issued) immediately prior to the close of business on the date or dates upon which this Warrant is exercised. In the event of any exercise of the rights represented by this Warrant, certificates for the shares of stock so purchased shall be delivered to the holder hereof as soon as reasonably practicable and in any event within thirty (30) days after such exercise. If such exercise is in part only, a notation shall be made on this Warrant indicating the number of shares as to which the Warrant has been exercised.

Appears in 2 contracts

Samples: Webvan Group Inc, Webvan Group Inc

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Method of Exercise Payment. a. Subject to Section 1 hereof, and contingent upon the substantially concurrent occurrence of the Subscription Closing (as defined in the PIPE Subscription Agreement), the purchase right represented by this Warrant may shall be exercised exercisable by the holder hereofHolder hereof immediately prior to the Closing (as such term is defined in the Business Combination Agreement), in whole or in part, at any time, by either, at the election of the holder hereof, (a) the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit EXHIBIT A duly executedexecuted (the “Notice of Exercise”) at the principal office of the Company and by the payment to the Company, Company by check or wire transfer to an account designated by the Company, Company of an amount equal to the then applicable Warrant Price multiplied by the number of Shares then being purchased. For the avoidance of doubt, or to the extent not previously exercised, contingent upon the substantially concurrent occurrence of the Subscription Closing (bas defined in the PIPE Subscription Agreement), this Warrant shall automatically convert into the right to receive Class A common shares of the SPAC (the “SPAC Shares”) pursuant to the provisions merger in accordance with the terms of Section 9 hereofthe Business Combination Agreement. The person in whose name any certificate representing shares of Series C Preferred Stock shall be issuable upon exercise of this Warrant shall be deemed to have become the holder of record of, and shall be treated for all purposes as the record holder of, the shares represented thereby (and such shares shall be deemed to have been issued) immediately prior to the close of business on the date or dates upon which this Warrant is exercised. In the event of any exercise of the rights represented by this Warrant, certificates for the shares of stock Stock so purchased shall be delivered to the holder Holder hereof as soon as reasonably practicable and in any event within thirty (30) days after such exercise. If such exercise ; provided, that, as long as the Company is legally permitted to reflect share issuances in part onlybook entry or dematerialized form, a notation shall be made on this Warrant indicating the number Company may deliver an electronic representation or other evidence of shares the valid issuance of the Shares as to which the this Warrant has been exercised. Unless this Warrant has been fully exercised or expired, a new Warrant representing the portion of the Shares, if any, with respect to which this Warrant shall not then have been exercised shall also be issued to the Holder hereof as soon as practicable.

Appears in 2 contracts

Samples: Mobix Labs, Inc, Chavant Capital Acquisition Corp.

Method of Exercise Payment. Subject to Section 1 hereof, the purchase right represented by this Warrant may be exercised by the holder hereof, in whole or in part, at any timetime after the Exercise Date, by either, at the election of the holder hereof, (a) the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit A duly executed) at the principal office of the Company and by the payment to the Company, by check or wire transfer to an account designated by the Company, of an amount equal to the then applicable Warrant Exercise Price multiplied by the number of Shares then being purchased, or (b) pursuant to the provisions of Section 9 hereof. The person in whose name any certificate representing shares of Series C Preferred Shares shall be issuable upon exercise of this Warrant shall be deemed to have become the holder of record of, and shall be treated for all purposes as the record holder of, the shares represented thereby (and such shares shall be deemed to have been issued) immediately prior to the close of business on the date or dates upon which this Warrant is exercised. In the event of any exercise of the rights represented by this Warrant, certificates for the shares of stock so purchased shall be delivered to the holder hereof as soon as reasonably practicable and in any event within thirty (30) days after such exercise. If such exercise is in part only, a notation shall be made on this Warrant indicating the number of shares as to which the Warrant has been exercised.

Appears in 1 contract

Samples: Common Stock Subscription Agreement (Detto)

Method of Exercise Payment. Subject to Section 1 hereof, the purchase right represented by this Warrant may be exercised at any time by the holder hereof, hereof in whole or in part, at any time, by either, at time prior to the election expiration of the holder hereof, term by surrendering to the Company at its principal office of (a) the surrender of this Warrant Warrant, (with b) the notice of exercise form attached hereto as Exhibit A A, duly executed) at the principal office of the Company and executed by the Holder and (c) payment to the Company, by check or wire transfer to an account designated by the Company, of an amount equal to the then applicable Warrant Price multiplied by the number of Shares subject to this Warrant then being purchased, or (b) pursuant to purchased from the provisions of Section 9 hereofCompany. The person in whose name any certificate representing shares of Series C Preferred Common Stock shall be issuable upon exercise of this Warrant shall be deemed to have become the holder of record of, and shall be treated for all purposes as the record holder of, the shares represented thereby (and such shares shall be deemed to have been issued) immediately prior to the close of business on the date or dates upon which this Warrant is exercised. In the event of any exercise of the rights represented by this Warrant, certificates for the shares of stock so purchased shall be delivered by the Company to the holder hereof as soon as reasonably practicable and in any event within thirty (30) days after such exercise. If such exercise is in part only, a notation shall be made on this Warrant indicating the number of shares as to which the Warrant has been exercised.

Appears in 1 contract

Samples: Cohbar, Inc.

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Method of Exercise Payment. Subject to Section 1 hereof, the purchase right represented by this Warrant may be exercised by the holder hereof, in whole or in part, at any part and from time to time, by either, at the election of the holder hereof, by (a) the surrender of this Warrant (with the notice of exercise substantially in the form attached hereto as Exhibit A A-1 duly completed and executed) at the principal office of the Company and by the payment to the Company, by check certified or bank check, or by wire transfer to an account designated by the Company, Company (a “Wire Transfer”) of an amount equal to the then applicable Warrant Price multiplied by the number of Shares then being purchased, or (b) pursuant if in connection with a registered public offering of the Company’s securities, the surrender of this Warrant (with the notice of exercise form attached hereto as Exhibit A-2 duly completed and executed) at the principal office of the Company together with notice of arrangements reasonably satisfactory to the provisions Company for payment to the Company either by certified or bank check or by Wire Transfer from the proceeds of the sale of shares to be sold by the holder in such public offering of an amount equal to the then applicable Warrant Price per share multiplied by the number of Shares then being purchased or (c) exercise of the “net issuance” right provided for in Section 9 2(b) hereof. The person or persons in whose name name(s) any certificate certificate(s) representing shares of Series C Preferred the Shares shall be issuable upon exercise of this Warrant shall be deemed to have become the holder holder(s) of record of, and shall be treated for all purposes as the record holder holder(s) of, the shares represented thereby (and such shares shall be deemed to have been issued) immediately prior to the close of business on the date or dates upon which this Warrant is exercised. In the event of any exercise of the rights represented by this Warrant, certificates for the shares of stock so purchased shall be delivered to the holder hereof as soon as reasonably practicable and in any event within thirty (30) days after such exercise. If such and, if requested by the holder of this Warrant, the Company shall cause its transfer agent to deliver the certificate representing Shares issued upon exercise is in part only, a notation shall be made on of this Warrant indicating to a broker or other person (as directed by the number holder exercising this Warrant) within the time period required to settle any trade made by the holder after exercise of shares as to which the Warrant has been exercisedthis Warrant.

Appears in 1 contract

Samples: Bakbone Software Inc

Method of Exercise Payment. Subject to Section 1 hereof, the The purchase right represented by this Warrant may be exercised by the holder hereofHolder, in whole or in part, at any part and from time to time, by either, at the election of the holder hereofHolder, by (a) the surrender of this Warrant (with the notice of exercise substantially in the form attached hereto as Exhibit A A-1 duly completed and executed) at the principal office of the Company and by the payment to the Company, by check certified or bank check, or by wire transfer to an account designated by the Company, Company of an amount equal to the then applicable Warrant Price multiplied by the number of Shares then being purchased, or (b) pursuant to exercise of the provisions of “net issuance” right provided for in Section 9 1(b) hereof. The person or persons in whose name name(s) any certificate certificate(s) representing shares of Series C Preferred the Shares shall be issuable upon exercise of this Warrant shall be deemed to have become the holder holder(s) of record of, and shall be treated for all purposes as the record holder holder(s) of, the shares Shares represented thereby (and such shares Shares shall be deemed to have been issued) immediately prior to the close of business on the date or dates upon which this Warrant is exercised. In the event of any exercise of the rights represented by this Warrant, certificates for the shares of stock Shares so purchased shall be delivered to the holder hereof Holder as soon as reasonably practicable and in any event within thirty (30) days after such exercise. If such and, if requested by Holder, the Company shall cause its transfer agent to deliver the certificate representing Shares issued upon exercise is in part only, a notation shall be made on of this Warrant indicating to a broker or other person (as directed by Holder) within the number time period required to settle any trade made by Holder after exercise of shares as to which the Warrant has been exercisedthis Warrant.

Appears in 1 contract

Samples: Pure Bioscience, Inc.

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