No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor on the basis of the fair market value (as determined in good faith by the Company's Board of Directors) of one Warrant Share of the type in question.
Appears in 4 contracts
Sources: Reimbursement Agreement (International Wireless Communications Holdings Inc), Warrant Agreement (International Wireless Communications Holdings Inc), Warrant Agreement (International Wireless Communications Holdings Inc)
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in lieu of such fractional shares shares, the Company shall make a cash payment therefor on the basis of the fair market value (of any fractional shares as determined in good faith by the Company's Board of Directors) of one Warrant Share of the type in questiontime when entitlement to receive such fractional shares is determined.
Appears in 3 contracts
Sources: Warrant Agreement (AEON Biopharma, Inc.), Warrant Agreement (AEON Biopharma, Inc.), Warrant Agreement (AEON Biopharma, Inc.)
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor on the basis of equal to the fair market value of a share (as determined in good faith by the Company's Board of Directors) of one Warrant Share Directors of the type in questionCompany) multiplied by such fraction.
Appears in 3 contracts
Sources: Purchase Agreement (Tellium Inc), Purchase Agreement (Tellium Inc), Settlement Agreement (Ratexchange Corp)
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in . In lieu of such any fractional shares share to which Holder otherwise would be entitled, the Company shall make a cash payment therefor on equal to the basis Fair Market Value of the fair market value (as determined in good faith by one share of the Company's Board of DirectorsCommon Stock as determined under Section 3(c) of one Warrant Share of the type in questionmultiplied by such fraction.
Appears in 3 contracts
Sources: Exclusive Patent License Agreement (Wildcap Energy Inc.), Option Agreement (Wildcap Energy Inc.), Option Agreement (WildCap Energy Inc.)
No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in lieu of such fractional shares Shares the Company shall make a cash payment therefor on the basis of the fair market value (as determined in good faith by the Company's Board of Directors) of one Warrant Share of the type in questionaccordance with Section 3.
Appears in 3 contracts
Sources: Warrant Agreement (Softbank Holdings Inc Et Al), Warrant Agreement (Softbank Holdings Inc Et Al), Warrant Agreement (Softbank Holdings Inc Et Al)
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor on the basis of the fair market value (of any fractional shares as of the time when entitlement to receive such fractions is determined as determined in good faith by the Company's Board of Directors) of one Warrant Share of the type in questionaccordance with Section 4 above.
Appears in 2 contracts
Sources: Warrant Agreement (Yinlips Technology, Inc.), Warrant Agreement (Long-E International, Inc.)
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall will be issued upon the exercise or cancellation of rights under this Warrant, but in lieu of such fractional shares a fraction of a share the Company shall will make a cash payment therefor on the basis of the then-current fair market value (of such fraction of a share, as determined in good faith by the Company's Board of Directors) of one Warrant Share Directors of the type in questionCompany.
Appears in 2 contracts
Sources: 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 or cancellation of rights under this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor on the basis of equal to the fair market value of a share (as determined in good faith according to Section 3(c) above) multiplied by the Company's Board of Directors) of one Warrant Share of the type in questionsuch fraction.
Appears in 2 contracts
Sources: Brokerage Agreement (Ratexchange Corp), Brokerage Agreement (Ratexchange Corp)
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor on the basis of equal to the fair market value of a share (as determined in good faith according to Section 4(c) above) multiplied by the Company's Board of Directors) of one Warrant Share of the type in questionsuch fraction.
Appears in 2 contracts
Sources: Brokerage Agreement (Ratexchange Corp), Brokerage Agreement (Ratexchange Corp)
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor on the basis of the fair market value (as determined in good faith by the Company's Board of Directors) of one Warrant Share of the type then in questioneffect.
Appears in 2 contracts
Sources: Warrant Agreement (Jive Software, Inc.), Warrant Agreement (Jive Software, Inc.)
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of the rights under this Warrant, but in . In lieu of such fractional shares share to which Holder would otherwise be entitled, the Company shall make a cash payment therefor on equal to the basis of the fair market value (as determined in good faith Warrant Price multiplied by the Company's Board of Directors) of one Warrant Share of the type in questionsuch fraction.
Appears in 2 contracts
Sources: Loan and Security Agreement (Accolade, Inc.), Loan and Security Agreement (Accolade, Inc.)
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor on the basis of the fair market value (as determined in good faith by the Company's Board of Directors) Fair Market Value of one Warrant Share share as of the type in questionsuch time of issuance.
Appears in 2 contracts
Sources: Warrant Agreement (HyreCar Inc.), Warrant Agreement (HyreCar Inc.)
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of the rights under this Warrant, but in . In lieu of such fractional shares share to which Holder would otherwise be entitled, the Company shall make a cash payment therefor on equal to the basis of the fair market value (as determined in good faith Warrant Price multiplied by the Company's Board of Directors) of one Warrant Share of the type in question.such fraction
Appears in 2 contracts
Sources: Loan and Security Agreement (Accolade, Inc.), Loan and Security Agreement (Accolade, Inc.)
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor on the basis of the fair market value (as determined in good faith by of the Company's Board of Directors) of one Warrant Share of the type in question’s Common Stock.
Appears in 2 contracts
Sources: Warrant Agreement (Nuvelo Inc), Warrant Agreement (Nuvelo Inc)
No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in lieu of such fractional shares Shares the Company shall make a cash payment therefor on the basis of the fair market value (as of a Share determined in good faith by the Company's Board of Directors) of one Warrant Share of the type in questionaccordance with Section 4.
Appears in 2 contracts
Sources: Standby Purchase Agreement (Waste Services, Inc.), Warrant Agreement (Capital Environmental Resource Inc)
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor on the basis of equal to the fair market value (as 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 in good faith by the Company's ’s Board of Directors) of one Warrant Share of the type in question.
Appears in 2 contracts
Sources: Warrant Agreement (Worldgate Communications Inc), Warrant Agreement (Worldgate Communications Inc)
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor on the basis of the fair market value (of the Company's Common Stock as determined in good faith by the Company's Board of Directors) of one Warrant Share of the type in question.
Appears in 2 contracts
Sources: Warrant Agreement (Wireless Inc), Warrant Agreement (Wireless Inc)
No Fractional Shares or Scrip. No The Company shall not issue any fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor on the basis of equal to the fair market value (as of one share of common stock determined in good faith accordance with Section 3 multiplied by the Company's Board of Directors) of one Warrant Share of the type in questionsuch fraction.
Appears in 2 contracts
Sources: Warrant Agreement (Triumph Fuels Corp), Warrant Agreement (Triumph Fuels Corp)
No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the exercise or cancellation of rights under this any Warrant, but in lieu of such fractional shares Shares the Company shall make a cash payment therefor on the basis of the fair market value (as determined in good faith by the Company's Board of Directors) of one Warrant Share of the type in questionFair Market Value thereof.
Appears in 1 contract
Sources: Warrant Agreement (Capital Environmental Resource Inc)
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor on the basis of equal to the fair market value (as determined in good faith multiplied by the Company's Board of Directors) of one Warrant Share of the type in questionsuch fraction.
Appears in 1 contract
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor on upon the basis of the then fair market value (as determined in good faith by the Company's Board of Directors) of one Warrant Share of the type in questionShare.
Appears in 1 contract
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in Option. In lieu of such issuance of a fractional shares share upon any exercise hereunder, the Company shall make a will either round up to nearest whole number of shares or pay the cash payment therefor value of that fractional share calculated on the basis of the fair market value Fair Market Value (as determined in good faith by the Company's Board of Directors) of one Warrant Share of the type in questiondefined below).
Appears in 1 contract
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor on the basis of therefor, proportional to the fair market value (of a share, as determined in good faith by the Company's Board of Directors) of one Warrant Share of the type Directors in questiongood faith.
Appears in 1 contract
Sources: 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 or cancellation of rights under this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor on the basis of the fair market value (of the Company’s Series D’ Preferred Stock as determined in good faith by the Company's Board of Directors) of one Warrant Share of the type in questionpursuant to Section 5 above.
Appears in 1 contract
Sources: Warrant Agreement (Danger Inc)
No Fractional Shares or Scrip. No fractional shares or scrip representing requesting fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant. With respect to any fraction of a share called for upon the exercise of this Warrant, but in lieu an amount equal to such fraction multiplied by the then current value of such fractional shares the Company shall make a cash payment therefor on the basis share of the fair market value Warrant Common Stock (as determined in good faith by the Company's Board of Directors) of one Warrant Share Directors of the type Company) shall be paid to the Holder hereof in questioncash by the Company.
Appears in 1 contract
Sources: Loan Agreement (Cyberguard Corp)
No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the exercise or cancellation of the Warrantholder's rights under this Warrantto purchase Shares, but in lieu of such fractional shares Shares the Company Corporation shall make a cash payment therefor on upon the basis of the then current fair market value (as determined in good faith by the Company's Board of Directors) of one Warrant Share of the type in questionShares.
Appears in 1 contract
Sources: Warrant Agreement (Royal Ahold)
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in . In lieu of such any fractional shares to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor on the basis of equal to the fair market value (as determined in good faith of a share multiplied by the Company's Board of Directors) of one Warrant Share of the type in questionsuch fraction.
Appears in 1 contract
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor on the basis of equal to the fair market value (as 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 in good faith by the Company's Board of Directors) of one Warrant Share of the type in question.
Appears in 1 contract
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor on the basis of the fair market value (of the Company’s Series D Preferred Stock as determined in good faith by the Company's Board of Directors) of one Warrant Share of the type in questionpursuant to Section 5 above.
Appears in 1 contract
Sources: Warrant Agreement (Danger Inc)
No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in lieu of such fractional shares Shares the Company shall make a cash payment therefor on the basis of the fair market value (as of a Share determined in good faith by the Company's Board of Directors) of one Warrant Share of the type in questionaccordance with SECTION 4.
Appears in 1 contract
Sources: Warrant Agreement (Capital Environmental Resource Inc)
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in . In lieu of such any fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor on the basis of equal to the fair market value (as determined in good faith by the Company's Board of Directors) of one share of Warrant Share of the type in questionStock multiplied by such fraction.
Appears in 1 contract
Sources: Consulting Agreement (Seec Inc)
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor on the basis of the fair market value (of the Company’s Common Stock as determined in good faith by the Company's Board of Directors) of one Warrant Share of the type manner set forth in questionSection 3.
Appears in 1 contract
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of rights under this Warrant, but in lieu of such fractional shares the Company shall make a cash payment therefor on the basis of the fair market value (of the Company’s Series E Preferred Stock as determined in good faith by the Company's Board of Directors) of one Warrant Share of the type in questionpursuant to Section 6 above.
Appears in 1 contract
Sources: Warrant Agreement (Danger Inc)
No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise or cancellation of the rights under this Warrant, but in . In lieu of such fractional shares share to which the Holder would otherwise be entitled, the Company shall make a cash payment therefor on the basis of equal to the fair market value (as determined in good faith of a Share multiplied by the Company's Board of Directors) of one Warrant Share of the type in questionsuch fraction.
Appears in 1 contract
Sources: Warrant Agreement (Matternet, Inc.)