Common use of No Fractional Shares or Scrip Clause in Contracts

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole share.

Appears in 8 contracts

Samples: Common Stock and Warrant Purchase Agreement (Seachange International Inc), Concurrent Computer Corp/De, Concurrent Computer Corp/De

AutoNDA by SimpleDocs

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to therefor on the Current Market Price multiplied by such fraction or, at basis of the Company's option, round such fractional share to the nearest whole sharefair market value thereof then in effect.

Appears in 7 contracts

Samples: Purchase Common Stock (Selecta Biosciences Inc), Purchase Common Stock (Selecta Biosciences Inc), Azitra Inc

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price of one share of Class A Common Stock multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole sharefraction.

Appears in 7 contracts

Samples: Spanish Broadcasting System Inc, Spanish Broadcasting System Inc, Spanish Broadcasting System of Puerto Rico Inc /De/

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares share shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price multiplied by round up such fraction or, at the Company's option, round such fractional share to the nearest whole sharenumber.

Appears in 6 contracts

Samples: Warrant Agreement (Pluristem Life Systems Inc), Pluristem Life Systems Inc, Pluristem Life Systems Inc

No Fractional Shares or Scrip. No fractional shares Shares or scrip ----------------------------- representing fractional shares Shares shall be issued upon the exercise of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitledShares, or scrip representing fractional Shares, the Company shall make a cash payment equal to therefor on the Current basis of the Fair Market Price multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole shareValue per Share then in effect.

Appears in 6 contracts

Samples: Warrant Agreement (Masonite International Corp), First Supplemental Trust Agreement (Masonite International Corp), First Supplemental Trust Agreement (Masonite International Corp)

No Fractional Shares or Scrip. No fractional shares Shares or scrip ----------------------------- representing fractional shares Warrant Shares shall be issued upon the exercise of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, Warrant Shares the Company shall make a cash payment equal issue an additional share of Common Stock to the Current Market Price multiplied by Holder or pay the Holder the fair market value of such fraction orfractional share, at as determined in the reasonable discretion of the Board of Directors of the Company's option, round such fractional share to in the nearest whole shareCompany’s sole discretion.

Appears in 5 contracts

Samples: Share Exchange Agreement (Monaker Group, Inc.), Share Exchange Agreement (Monaker Group, Inc.), Subscription Agreement (Vertex Energy Inc.)

No Fractional Shares or Scrip. No fractional shares Shares or scrip ----------------------------- representing fractional shares Shares shall be issued upon the exercise of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, Shares the Company shall make a cash payment equal to therefor on the Current Market basis of the Bid Price multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole sharethen in effect.

Appears in 5 contracts

Samples: Purchase Common Stock (Rockdale Resources Corp), Purchase Common Stock (Rockdale Resources Corp), Purchase Common Stock (Rockdale Resources Corp)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price multiplied by such fraction or, at the Company's option, round fair market value of such fractional share to the nearest whole share.

Appears in 5 contracts

Samples: Loan Agreement (White Mountain Titanium Corp), White Mountain Titanium Corp, Alpharx Inc

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall will be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price multiplied by such fraction or, at the Company's option, round fair market value of such fractional share to the nearest whole share.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Western Goldfields Inc), Securities Purchase Agreement (Western Goldfields Inc), Securities Purchase Agreement (Western Goldfields Inc)

No Fractional Shares or Scrip. No fractional shares Shares or scrip ----------------------------- representing fractional shares Shares shall be issued upon the any exercise of this Warrant. In lieu of any fractional share Share to which the Holder Warrantholder would otherwise be entitled, the Company Warrantholder shall make be entitled to receive a cash payment equal to the Current Market Price multiplied by such fraction or, at of the Company's option, round Common Stock less the Exercise Price for such fractional share to the nearest whole share.

Appears in 4 contracts

Samples: Investment Agreement (Mbia Inc), Investment Agreement (Mbia Inc), Investment Agreement (Gottschalks Inc)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price fair market value (as defined in Section 3(c) hereof) of such share, less the Exercise Price, multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole sharefraction.

Appears in 4 contracts

Samples: Tv Filme Inc, Tv Filme Inc, Tv Filme Inc

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to the Current Market Price multiplied by such fraction or, at the Company's option, round such fractional share up to the nearest whole share.

Appears in 4 contracts

Samples: Neuropathix, Inc., Globe Photos, Inc., Globe Photos, Inc.

No Fractional Shares or Scrip. No fractional shares Warrant Shares or scrip ----------------------------- representing fractional shares Warrant Shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share Warrant Shares to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price fair market value (as defined above) of one Warrant Share multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole sharefraction.

Appears in 3 contracts

Samples: Subscription Agreement (ChromaDex Corp.), ChromaDex Corp., Cody Resources, Inc.

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder shares that would otherwise be entitledissuable, the number of Warrant Shares to be issued shall be rounded down to the next whole number and the Company shall make a pay Holder in cash payment equal to the Current Market Price multiplied by such fraction or, at the Company's option, round fair market value of such fractional share to (based on the nearest whole shareClosing Sale Price).

Appears in 3 contracts

Samples: Common Stock Purchase Warrant (Cornerworld Corp), Cornerworld Corp, Cornerworld Corp

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price product of the fair market value of a share of the Company’s Preferred Stock multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole sharefraction.

Appears in 3 contracts

Samples: Animal Care Agreement (OncoMed Pharmaceuticals Inc), Lease (OncoMed Pharmaceuticals Inc), Office Lease (OncoMed Pharmaceuticals Inc)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder otherwise would otherwise be entitled, the Company shall make a cash payment equal to the Current Fair Market Price Value of one share of the Company's Common Stock as determined under Section 3(c) multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole sharefraction.

Appears in 3 contracts

Samples: Option Agreement (Wildcap Energy Inc.), License Agreement (Wildcap Energy Inc.), Option Agreement (WildCap Energy Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price fair market value of a share (as determined in good faith by the Board of Directors of the Company) multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole sharefraction.

Appears in 3 contracts

Samples: Settlement Agreement (Ratexchange Corp), Purchase Agreement (Tellium Inc), Purchase Agreement (Tellium Inc)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to therefor on the Current basis of the Market Price multiplied by then in effect, unless such fraction or, at the Company's option, round such fractional share to the nearest whole sharecash payment is less than one dollar ($1.00).

Appears in 3 contracts

Samples: Warrant (Vistula Communications Services, Inc.), Warrant (Vistula Communications Services, Inc.), American Oriental Bioengineering Inc

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to the Current Market Price multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole sharetherefor.

Appears in 3 contracts

Samples: Loan Agreement (Kyphon Inc), Note and Warrant Purchase Agreement (Curon Medical Inc), Fusion Medical Technologies Inc

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitledshares, the Company shall make a cash payment equal therefor on the basis of the fair market value of any fractional shares as of the time when entitlement to the Current Market Price multiplied by such fraction or, at the Company's option, round receive such fractional share to the nearest whole shareshares is determined.

Appears in 3 contracts

Samples: AEON Biopharma, Inc., AEON Biopharma, Inc., AEON Biopharma, Inc.

No Fractional Shares or Scrip. No fractional shares or scrip representing ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole share.

Appears in 3 contracts

Samples: Concurrent Computer Corp/De, Concurrent Computer Corp/De, Concurrent Computer Corp/De

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price fair market value of a share (as determined according to Section 4(c) above) multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole sharefraction.

Appears in 2 contracts

Samples: Agreement (Ratexchange Corp), Agreement (Ratexchange Corp)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price fair market value of a share (as determined according to Section 3(c) above) multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole sharefraction.

Appears in 2 contracts

Samples: Agreement (Ratexchange Corp), Agreement (Ratexchange Corp)

No Fractional Shares or Scrip. No fractional shares or scrip script ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price fair market value of the Common Stock multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole sharefraction.

Appears in 2 contracts

Samples: Tomen Corp, Tomen Corp

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price fair market value of one share of Common Stock multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole sharefraction.

Appears in 2 contracts

Samples: NRG Energy, Inc., Fuelcell Energy Inc

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares Warrant Shares shall be issued upon the exercise of this Warrant. In lieu If pursuant to an exercise of any fractional share to which this Warrant the Holder would otherwise be entitledentitled to a fractional Common Share, then the Company shall make a cash payment equal to the Current Market Price multiplied by round such fraction or, at the Company's option, round such fractional of a share of Common Stock up or down to the nearest whole shareshare of Common Stock (with 0.5 rounded up), and no cash payment will be made in lieu thereof where rounded down.

Appears in 2 contracts

Samples: NanoString Technologies Inc, NanoString Technologies Inc

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares Warrant Shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share Warrant Share to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price fair market value of one Warrant Share on the last trading day ending prior to the payment date multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole sharefraction.

Appears in 2 contracts

Samples: Registration Rights Agreement (Expedia Group, Inc.), Registration Rights Agreement (Expedia Group, Inc.)

No Fractional Shares or Scrip. No fractional shares Shares or scrip ----------------------------- representing fractional shares Shares shall be issued upon the exercise of this WarrantWarrant and the number of Shares to be issued shall be rounded down to the nearest whole Share. In lieu of any such fractional share to which the Holder would otherwise be entitledShares, the Company shall make a cash payment equal to the Current Market Price Warrantholder of an amount equivalent to the number of fractional Shares multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole shareExercise Price then in effect.

Appears in 2 contracts

Samples: Form of Warrant Agreement (Airnet Technology Inc.), Form of Warrant Agreement (Airnet Technology Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price fair market value multiplied by such fraction or, at the Company's ’s option, round such fractional share to the nearest whole share. The fair market value shall be determined by the Company’s Board of Directors.

Appears in 2 contracts

Samples: Worldgate Communications Inc, Worldgate Communications Inc

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to therefor on the Current Market Price multiplied by such fraction or, at basis of the Company's option, round such fractional share to the nearest whole sharefair market value of one Share then in effect.

Appears in 2 contracts

Samples: Purchase Agreement (Jive Software, Inc.), Purchase Agreement (Jive Software, Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall will be issued upon the exercise of this Warrant. In , but in lieu of any fractional a fraction of a share to which the Holder would otherwise be entitled, the Company shall will make a cash payment equal to therefor on the Current Market Price multiplied by basis of the then-current fair market value of such fraction orof a share, at as determined in good faith by the Board of Directors of the Company's option, round such fractional share to the nearest whole share.

Appears in 2 contracts

Samples: Warrant Agreement (Neos Therapeutics, Inc.), Warrant Agreement (Neos Therapeutics, Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to therefor on the Current basis of the Fair Market Price multiplied by Value of one share as of such fraction or, at the Company's option, round such fractional share to the nearest whole sharetime of issuance.

Appears in 2 contracts

Samples: HyreCar Inc., HyreCar Inc.

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to therefor on the Current Market Price multiplied by such fraction or, at basis of the fair market value of the Company's option, round such fractional share to the nearest whole share’s Common Stock.

Appears in 2 contracts

Samples: Nuvelo Inc, Nuvelo Inc

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to therefor on the Current Market Price multiplied by such fraction or, at basis of the fair market value of the Company's option, round such fractional share to Common Stock as determined in the nearest whole sharemanner set forth in Section 3.

Appears in 1 contract

Samples: Loan Agreement (Prolong International Corp)

AutoNDA by SimpleDocs

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share shares to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price fair market value of a share multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole sharefraction.

Appears in 1 contract

Samples: Warrant And (Money Centers of America, Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In hereunder, but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to therefore on the Current Market basis of the Share Price multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole sharethen in effect.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (I2 Technologies Inc)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu With respect to any fraction of any fractional a share to which called for upon the Holder would otherwise be entitledexercise of this Warrant, the Company shall make a cash payment an amount equal to the Current Market Price such fraction multiplied by such fraction or, at the Company's option, round such fractional share then fair market value shall be paid in cash to the nearest whole shareholder of this Warrant.

Appears in 1 contract

Samples: Stock Purchase Warrant (Vidamed Inc)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder would otherwise be entitled, the Company shall make a issue cash payment equal to the Current Market Price multiplied by such fraction or, at Holder in lieu of the Company's option, round such fractional share to the nearest whole share.

Appears in 1 contract

Samples: Clearcommerce Corp

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price of one share of Class A Common Stock multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole share.fraction,

Appears in 1 contract

Samples: Spanish Broadcasting System Inc

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder would otherwise be entitled, the Company shall make a cash payment equal pay to the Current Market Price multiplied by such fraction or, at Holder the cash value of the fractional share based upon the current market value of Common Stock as determined in the sole discretion of the Company's option, round such fractional share to the nearest whole share.

Appears in 1 contract

Samples: Loan Agreement (Heatwurx, Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price fair market value of one share of Warrant Stock multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole sharefraction.

Appears in 1 contract

Samples: Consulting Agreement (Seec Inc)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any issuance of a fractional share to which the Holder would otherwise be entitledupon any exercise hereunder, the Company shall make a will either round up to nearest whole number of shares or pay the cash payment equal to the Current Market Price multiplied by such fraction or, at the Company's option, round such value of that fractional share to calculated on the nearest whole sharebasis of the Market Value.

Appears in 1 contract

Samples: Securities Purchase Agreement (Genesisintermedia Com Inc)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In ; provided, however, that in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to the Current Market Price multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole sharetherefor.

Appears in 1 contract

Samples: Myovant Sciences Ltd.

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price fair market value multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole sharefraction.

Appears in 1 contract

Samples: Tandem Health Care, Inc.

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price fair market value of one share of Class A Common Stock multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole sharefraction.

Appears in 1 contract

Samples: Huntco Inc

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to therefor on the Current Market Price multiplied by such fraction or, at basis of the fair market value of the Company's option, round such fractional share ’s Series D’ Preferred Stock as determined pursuant to the nearest whole shareSection 5 above.

Appears in 1 contract

Samples: Danger Inc

No Fractional Shares or Scrip. No fractional shares Shares or scrip ----------------------------- representing fractional shares Shares shall be issued upon the exercise of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, Shares the Company shall make a cash payment therefor equal to the Current Market Price (a) such fraction of a Share multiplied by such fraction or, at (b) the Company's option, round such fractional share to Fair Market Value as of the nearest whole sharedate the Holder delivers the applicable Notice of Exercise.

Appears in 1 contract

Samples: Roth CH Acquisition I Co. Parent Corp.

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price fair market value multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole share. The fair market value shall be determined by the Company's Board of Directors.

Appears in 1 contract

Samples: Worldgate Communications Inc

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to therefor on the Current Market Price multiplied by such fraction or, at basis of the fair market value of the Company's option, round such fractional share to the nearest whole shareCommon Stock as determined in accordance with Section 4 above.

Appears in 1 contract

Samples: Logicvision Inc

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price fair market value of a share of Stock multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole sharefraction.

Appears in 1 contract

Samples: Definitive Asset Purchase Agreement (Biolase Technology Inc)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal therefor, proportional to the Current Market Price multiplied fair value of a share, as determined by such fraction or, at the Company's option, round such fractional share to the nearest whole shareBoard of Directors in good faith.

Appears in 1 contract

Samples: Securities Purchase Agreement (China Nepstar Chain Drugstore Ltd.)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the 7203893v.4 Holder would otherwise be entitled, the Company shall make a cash payment equal to the Current Market Price fair market value of one share of Common Stock multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole sharefraction.

Appears in 1 contract

Samples: Securities Purchase Agreement (Fuelcell Energy Inc)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- ------------------------------ representing fractional shares shall be issued upon the exercise of this Warrant. In , but in lieu of any such fractional share to which the Holder would otherwise be entitled, shares the Company shall make a cash payment equal to therefore on the Current Market basis of the Warrant Price multiplied by such fraction or, at the Company's option, round such fractional share to the nearest whole sharethen in effect.

Appears in 1 contract

Samples: Exten Industries Inc

No Fractional Shares or Scrip. No fractional shares of Purchaser Common Stock or other equity interests or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of any fractional share to which the a Holder would otherwise be entitled, the Company Holder shall make be entitled to receive a cash payment equal to the Current Fair Market Price multiplied by such fraction or, at the Company's option, round Value of such fractional share to the nearest whole shareof Purchaser Common Stock.

Appears in 1 contract

Samples: Warrant Agreement (B. Riley Financial, Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip ----------------------------- representing fractional shares shall be issued upon the exercise of this Warrant. In lieu With respect to any fraction of any fractional a share to which called for upon the Holder would otherwise be entitledexercise of the Warrant, the Company shall make a cash payment an amount equal to the Current Market Price such fraction multiplied by such fraction or, at the Company's option, round such fractional share then Fair Market Value shall be paid in cash to the nearest whole shareholder of this Warrant.

Appears in 1 contract

Samples: Purchase Agreement (Vidamed Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.