No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.
Appears in 200 contracts
Samples: Backstop Security Support Agreement (Ener-Core Inc.), Securities Purchase Agreement (Granite City Food & Brewery LTD), Registration Rights Agreement (Granite Partners, L.L.C.)
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the number of Warrant Shares to be issued shall be rounded down to the next whole number and the Company shall pay the Holder in cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market fair market value (based on the date of exerciseClosing Sale Price) for any such fractional shares.
Appears in 63 contracts
Samples: Underwriting Agreement (Adicet Bio, Inc.), Settlement Agreement and Release (Kaleyra, Inc.), Exchange Agreement (Tengion Inc)
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exerciseExercise Date.
Appears in 50 contracts
Samples: RoyaLand Co Ltd., Securities Purchase Agreement (Raptor Pharmaceutical Corp), Securities Purchase Agreement (Tanke Biosciences Corp)
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this a Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market Price on the date Date of exerciseExercise.
Appears in 17 contracts
Samples: Common Stock Unit Warrant Agreement (Gevo, Inc.), Warrant Agreement (Microvision Inc), Common Stock Unit Warrant Agreement (Gevo, Inc.)
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.
Appears in 16 contracts
Samples: Advisory Agreement (DelMar Pharmaceuticals, Inc.), Underwriting Agreement (Capnia, Inc.), Underwriting Agreement (Capnia, Inc.)
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price Closing Price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.
Appears in 15 contracts
Samples: Common Stock and Warrant Purchase Agreement (Invicta Media Investments, LLC), Securities Purchase Agreement (EVINE Live Inc.), Stock Purchase Agreement (Magnegas Corp)
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date Date of exerciseExercise.
Appears in 14 contracts
Samples: Catasys, Inc., Catasys, Inc., Catasys, Inc.
No Fractional Shares. No fractional shares of Warrant Shares Stock will be issued in connection with any exercise of this Warrantsubscription hereunder. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price fair market value of one share of Warrant Share as reported by the applicable Trading Market Stock on the date of exercise, as determined in good faith by the Company’s Board of Directors.
Appears in 14 contracts
Samples: Distribution Agreement (Accentia Biopharmaceuticals Inc), Distribution Agreement (Accentia Biopharmaceuticals Inc), Preferred Stock Purchase Warrant (Aldagen Inc)
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing sale price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.
Appears in 13 contracts
Samples: Emrise CORP, Emrise CORP, Emrise CORP
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by on the applicable Trading Nasdaq National Market on the date of exercise.
Appears in 13 contracts
Samples: Securities Purchase Agreement (Genelabs Technologies Inc /Ca), American Technology Corp /De/, American Technology Corp /De/
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by Bloomberg L.P. (or the applicable Trading Market successor to its function of reporting share prices) on the date of exercise.
Appears in 12 contracts
Samples: Valentis Inc, Nova Biosource Fuels, Inc., Valentis Inc
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing bid price of one Warrant Share as reported by on the applicable Trading Nasdaq National Market on the date of exercise.
Appears in 10 contracts
Samples: Severance, Release and Consulting Agreement (Millennium Cell Inc), Millennium Cell Inc, Millennium Cell Inc
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exerciseapplicable Exercise Date.
Appears in 9 contracts
Samples: Securities Purchase Agreement (EZTD Inc), EZTD Inc, EZTrader Inc.
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share share of Common Stock as reported by the applicable Trading Market on the date of exercise, or round up to the nearest whole share of Common Stock.
Appears in 9 contracts
Samples: Massimo Group (Massimo Group), Underwriting Agreement (Achieve Life Sciences, Inc.), Crown Electrokinetics Corp.
No Fractional Shares. No fractional shares of Warrant Shares will shall be issued in connection with any upon the exercise of this Warrant. In lieu of any fractional shares share to which would, the Holder would otherwise be issuableentitled, the Company shall pay make a cash payment equal to the product of such fraction Exercise Price multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercisesuch fraction.
Appears in 8 contracts
Samples: Warrant Issuance Agreement (Leadis Technology Inc), Leadis Technology Inc, Securities Purchase Agreement (Hadron Inc)
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which that would, otherwise be issuable, the number of Warrant Shares to be issued shall be rounded down to the next whole number and the Company shall pay the Holder in cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market fair market value (based on the date of exerciseClosing Sale Price) for any such fractional shares.
Appears in 7 contracts
Samples: Settlement Agreement and Mutual Release (PARETEUM Corp), Sunshine Heart, Inc., Sunshine Heart, Inc.
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price VWAP of one Warrant Share as reported by the applicable shares of Common Stock for the 5 Trading Market on Day period immediately preceding the date Date of exerciseExercise.
Appears in 7 contracts
Samples: Health Benefits Direct Corp, InsPro Technologies Corp, InsPro Technologies Corp
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market American Stock Exchange or such other national exchange on which the Common Stock is then traded on the date of exercise.
Appears in 6 contracts
Samples: Biosante Pharmaceuticals Inc, Biosante Pharmaceuticals Inc, Biosante Pharmaceuticals Inc
No Fractional Shares. No fractional shares of Warrant Shares Stock will be issued in connection with any exercise of this Warranthereunder. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price fair market value of one share of Warrant Share as reported by the applicable Trading Market Stock on the date of exercise, as determined in good faith by the Company’s Board of Directors.
Appears in 6 contracts
Samples: Security Agreement (Mechanical Technology Inc), Note and Warrant Purchase Agreement (Aclarion, Inc.), Note and Warrant Purchase Agreement (Aclarion, Inc.)
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share share of Common Stock as reported by the applicable Trading Market on the date of exercise.
Appears in 6 contracts
Samples: Shares Exercised (Digital Recorders Inc), Shares Exercised (Digital Recorders Inc), Shares Exercised (Digital Recorders Inc)
No Fractional Shares. No fractional shares of Warrant Shares Stock will be issued in connection with any exercise of this Warranthereunder. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price fair market value of one share of Warrant Share as reported by the applicable Trading Market Stock on the date of exercise, as determined in accordance with Section 2(d)(ii) hereof.
Appears in 6 contracts
Samples: Warrant Agreement (Klaviyo, Inc.), Warrant Agreement (Klaviyo, Inc.), Warrant Agreement (Klaviyo, Inc.)
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by on the applicable Trading Market OTC, any stock exchange, market or trading facility on which the Common Stock is then listed on the date of exercise.
Appears in 6 contracts
Samples: Harrison Paul W, Syscan Imaging Inc, Sysview Technology, Inc.
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price Fair Market Value of one share of Warrant Share as reported by the applicable Trading Market on the date of exerciseStock.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Targeted Genetics Corp /Wa/), Securities Purchase Agreement (ARYx Therapeutics, Inc.), MiddleBrook Pharmaceuticals, Inc.
No Fractional Shares. No fractional shares of Warrant Shares will be -------------------- issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price Closing Price of one Warrant Share as reported by on the applicable Trading Eligible Market on the date of exercise.
Appears in 6 contracts
Samples: Questcor Pharmaceuticals Inc, Questcor Pharmaceuticals Inc, Questcor Pharmaceuticals Inc
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by on the applicable Trading Market American Stock Exchange on the date of exercise.
Appears in 6 contracts
Samples: E Digital Corp, Microislet Inc, E Digital Corp
No Fractional Shares. No fractional shares of Warrant Shares will shall be issued in connection with any upon exercise of this Warrant. In lieu If upon any exercise of any fractional shares which would, otherwise be issuablethis Warrant a fraction of a share results, the Company shall will pay the Holder the difference between the cash equal value of the fractional share and the portion of the Exercise Price allocable to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercisefractional share.
Appears in 5 contracts
Samples: Amended Stock Purchase Agreement (Virco MFG Corporation), Warrant Agreement (Virco MFG Corporation), Warrant Agreement (Virco MFG Corporation)
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.
Appears in 5 contracts
Samples: Wolverine Tube Inc, Mandalay Media, Inc., Access Integrated Technologies Inc
No Fractional Shares. No fractional shares of Warrant Shares Securities will be issued in connection with any exercise of this Warrantthese Warrants. In lieu of any fractional shares shares, which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share share of Common Stock as reported by the applicable Trading Market on the date of exercise.
Appears in 5 contracts
Samples: Stock and Warrant Purchase Agreement (PharmaCyte Biotech, Inc.), Common Stock Warrant Agreement (PharmaCyte Biotech, Inc.), Common Stock Warrant Agreement (PharmaCyte Biotech, Inc.)
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market trading market on the date of exerciseExercise Date.
Appears in 5 contracts
Samples: Weikang Bio-Technology Group Co., Inc., Weikang Bio-Technology Group Co., Inc., Weikang Bio-Technology Group Co., Inc.
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market trading market on the date Exercise Date, or if there is no trading market for the Common Stock, the product of exercisesuch fraction multiplied by the then fair market value of one Warrant Share as reasonably determined by the Board of Directors of the Company.
Appears in 5 contracts
Samples: Victory Energy Corp, Victory Oilfield Tech, Inc., Victory Oilfield Tech, Inc.
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share the Company’s Common Stock as reported by the applicable Trading Market on the date of exerciseExercise Date.
Appears in 4 contracts
Samples: You on Demand Holdings, Inc., China Broadband Inc, China Broadband Inc
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares shares, which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing bid price of one Warrant Share as reported by the applicable Trading Market on the date AMEX National Market (or other exchange or trading medium on which Warrant Shares are than listed or quoted) on the Date of exerciseExercise.
Appears in 4 contracts
Samples: DHB Industries Inc, DHB Industries Inc, DHB Industries Inc
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall shall, at its election, either pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exerciseexercise or round to the nearest whole share.
Appears in 4 contracts
Samples: Underwriters’ Warrant Agreement (Chromocell Therapeutics Corp), Underwriters’ Warrant Agreement (Chromocell Therapeutics Corp), Chromocell Therapeutics Corp
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this any Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall shall, at its election, either pay cash equal to the product of such fraction multiplied by the closing price Closing Price of one Warrant Share as reported by the applicable Trading Market on the date of exerciseexercise or round up to the next whole share.
Appears in 4 contracts
Samples: Warrant Agreement (Magnegas Corp), Purchase Agreement (Bacterin International Holdings, Inc.), Form of Warrant Agreement (NXT-Id, Inc.)
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.
Appears in 4 contracts
Samples: New Design Cabinets, Inc., Stratos Renewables CORP, New Design Cabinets, Inc.
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by on the applicable Trading Market on the date of exercise.
Appears in 3 contracts
Samples: American Technology Corp /De/, Smartserv Online Inc, Smartserv Online Inc
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall may (a) pay cash equal to the product of such fraction multiplied by the closing price Closing Price of one Warrant Share as reported by the applicable Trading Market on the date of exercise; or (b) round up the amount of any fractional share to the next highest whole number of shares.
Appears in 3 contracts
Samples: Placement Agency Agreement (Monaker Group, Inc.), Common Stock and Warrant Purchase Agreement (Pacific Grove Capital LP), Common Stock and Warrant Purchase Agreement (Monaker Group, Inc.)
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date Date of exerciseExercise.
Appears in 3 contracts
Samples: Kintera Inc, Kintera Inc, FTE Networks, Inc.
No Fractional Shares. No fractional shares of Warrant Shares Stock will be issued in connection with any exercise of this Warrantsubscription hereunder. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price fair market value of one share of Warrant Share as reported by the applicable Trading Market Stock on the date of exercise, as determined in good faith by the Company's Board of Directors.
Appears in 3 contracts
Samples: Marketing and Distribution Agreement (Buildnet Inc), Preferred Stock Purchase Warrant Agreement (Buildnet Inc), Buildnet Inc
No Fractional Shares. No fractional shares of Warrant Shares -------------------- will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.
Appears in 3 contracts
Samples: Zoltek Companies Inc, Zoltek Companies Inc, Zoltek Companies Inc
No Fractional Shares. No fractional shares of Warrant Shares will -------------------- be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.
Appears in 3 contracts
Samples: Zoltek Companies Inc, Zoltek Companies Inc, Zoltek Companies Inc
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market trading market on the date Exercise Date, or if there is no trading market for the Ordinary Shares, the product of exercisesuch fraction multiplied by the then fair market value of one Warrant Share as reasonably determined by the Board of Directors of the Company.
Appears in 3 contracts
Samples: Purchase Agreement (Taoping Inc.), Taoping Inc., Taoping Inc.
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date Date of exerciseExercise.
Appears in 3 contracts
Samples: Financing Agreement (Motorcar Parts America Inc), Financing Agreement (Motorcar Parts America Inc), Motorcar Parts America Inc
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share share of Common Stock as reported by on the applicable principal Trading Market on the date of exercise.
Appears in 3 contracts
Samples: Purchase Agreement (Microislet Inc), Microislet Inc, Microislet Inc
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date principal securities exchange on which the Common Stock is traded on the Date of exerciseExercise.
Appears in 3 contracts
Samples: Sg Blocks, Inc., Sg Blocks, Inc., Smartserv Online Inc
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exerciseExercise Date.
Appears in 2 contracts
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price Fair Market Value of one Warrant Share as reported by the applicable Trading Market on the date of exerciseShare.
Appears in 2 contracts
Samples: Bellerophon Therapeutics, Inc., Caladrius Biosciences, Inc.
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share the Company’s Common Stock as reported by the applicable Trading Market on the date of exerciseExercise Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (You on Demand Holdings, Inc.), Beijing Sun Seven Stars Culture Development LTD
No Fractional Shares. No fractional shares of Warrant Shares Stock will be issued in connection with any exercise of this Warranthereunder. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price fair market value of one share of Warrant Share as reported by the applicable Trading Market Stock on the date of exercise, as determined in accordance with Section 2(d)(ii).
Appears in 2 contracts
Samples: Adoption Agreement (Affirm Holdings, Inc.), Adoption Agreement (Affirm Holdings, Inc.)
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this any Warrant. In lieu of any fractional shares which would, otherwise be issuable, the number of Warrant Shares to be issued shall be rounded down to the next whole number and the Company shall pay the Holder in cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market fair market value (based on the date of exerciseClosing Sale Price) for any such fractional shares.
Appears in 2 contracts
Samples: Warrant Agreement (Celator Pharmaceuticals Inc), Warrant Agreement (Celator Pharmaceuticals Inc)
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the NYSE Amex or other applicable Trading Market trading market on the date of exerciseExercise Date.
Appears in 2 contracts
Samples: Antares Pharma, Inc., Antares Pharma, Inc.
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exerciseExercise Date.
Appears in 2 contracts
Samples: Loan and Security Agreement (HydroGen CORP), Loan and Security Agreement (HydroGen CORP)
No Fractional Shares. No N fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market trading market on the date of exercise.
Appears in 2 contracts
Samples: Bridge Loan Agreement (Granite City Food & Brewery LTD), Investor Rights Agreement (Granite City Food & Brewery LTD)
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall either (a) pay cash equal to the product of such fraction multiplied by the closing price Closing Price of one Warrant Share as reported by the applicable Trading Market on the date of exercise; or (b) issue the Holder one (1) additional share of Common Stock in lieu of such fractional share.
Appears in 2 contracts
Samples: Unit Purchase Agreement (Vertex Energy Inc.), Unit Purchase Agreement (Vertex Energy Inc.)
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported on the over-the-counter market, as reported by the applicable Trading Market OTC Bulletin Board on the date of exercise.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Alfacell Corp), Alfacell Corp
No Fractional Shares. No fractional shares of Warrant Shares Stock will be issued in connection with any exercise of this Warranthereunder. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price fair market value of one share of Warrant Share as reported by the applicable Trading Market Stock on the date of exercise, as determined in the same manner as described in Section 3(c)(ii).
Appears in 2 contracts
Samples: Placement Agent Agreement (Alien Technology Corp), Placement Agent Agreement (Alien Technology Corp)
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercise. At the Company’s election, in lieu of any such cash payment by the Company, the aggregate Exercise Price otherwise payable by the Holder in connection with such exercise may be reduced by the amount of such cash payment.
Appears in 2 contracts
Samples: Ecotality, Inc., Ecotality, Inc.
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.
Appears in 2 contracts
Samples: Underwriting Agreement (NeuroMetrix, Inc.), NeuroMetrix, Inc.
No Fractional Shares. No fractional shares of Warrant Shares Stock will be issued in connection with any exercise of this Warranthereunder. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing purchase price per share of one Warrant Share as reported by the applicable Trading Market on the date of exerciseStock.
Appears in 2 contracts
Samples: Superior Drilling Products, Inc., Principal Solar, Inc.
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price Closing Price of one Warrant Share Common Stock as reported by on the applicable Trading Market on the date of exercise.
Appears in 2 contracts
Samples: Arotech Corp, Arotech Corp
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market trading market on the date of exerciseExercise Date or round up such fractional share to a whole number.
Appears in 2 contracts
No Fractional Shares. No Notwithstanding anything to the contrary contained herein or in any other Transaction Document, no fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, Warrant Shares that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exerciseTrading Day immediately preceding the Exercise Date.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Olympus Pacific Minerals Inc), Securities Purchase Agreement (Olympus Pacific Minerals Inc)
No Fractional Shares. .. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price Fair Market Value of one Warrant Share as reported by the applicable Trading Market on the date of exerciseShare.
Appears in 1 contract
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by on the applicable Trading Market on the date of exercise.
Appears in 1 contract
Samples: LRAD Corp
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market OTC Bulletin Board® or such other automated quotation system or national exchange on which the date of exerciseCommon Stock is then traded.
Appears in 1 contract
Samples: Shares Exercised (Akorn Inc)
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market exchange or bulletin board on the date of exercise.
Appears in 1 contract
Samples: ProLink Holdings Corp.
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this a Warrant. In lieu of any fractional shares Warrant Shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market Price on the date Date of exerciseExercise.
Appears in 1 contract
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any upon exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price Fair Market Value of one Warrant Share as reported by the applicable Trading Market on the date of exerciseShare.
Appears in 1 contract
Samples: Mohawk Group Holdings, Inc.
No Fractional Shares. No fractional shares of Conditional Warrant Shares will be issued in connection with any exercise of this Conditional Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Conditional Warrant Share as reported by the applicable Trading Market on the date of exercise.
Appears in 1 contract
Samples: Organic to Go Food CORP
No Fractional Shares. No fractional shares of Warrant Shares will be ---------------------- issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share Common Stock as reported by on the applicable Trading Market on the date of exercise.
Appears in 1 contract
Samples: Electric Fuel Corp
No Fractional Shares. No fractional shares of Warrant Shares Stock will be issued in connection with any exercise of this Warranthereunder. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price fair market value of one share of Warrant Share as reported by the applicable Trading Market Stock received on the date of exercise, as determined in good faith by the Company's Board of Directors.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Screaming Media Com Inc)
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market principal securities exchange or market on which the Common Stock is listed or traded on the date Date of exerciseExercise.
Appears in 1 contract
Samples: Catasys, Inc.
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by on the applicable Trading Nasdaq National Market on the date of exercise.
Appears in 1 contract
Samples: Cell Therapeutics Inc
No Fractional Shares. No fractional shares of Warrant Shares Stock will be -------------------- issued in connection with any exercise of this Warrantsubscription hereunder. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price fair market value of one share of Warrant Share as reported by the applicable Trading Market Stock on the date of exercise, as determined in good faith by the Company's Board of Directors.
Appears in 1 contract
Samples: Haht Commerce Inc
No Fractional Shares. No fractional shares This Warrant may not be exercised for a fraction of Warrant Shares will be issued in connection with any exercise of this Warranta share. In lieu of any issuing fractional shares which would, otherwise be issuableshares, the Company shall will pay an amount in cash equal to that fractional interest of the product then current Closing Price per share of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exerciseCommon Stock.
Appears in 1 contract
No Fractional Shares. No fractional shares of Warrant Shares Stock will be issued in connection with any exercise of this Warranthereunder. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price fair market value of one share of Warrant Share as reported by the applicable Trading Market Stock on the date of exercise, as determined in accordance with Section 1(c)(ii) hereof.
Appears in 1 contract
No Fractional Shares. No fractional shares of Warrant Ordinary Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.
Appears in 1 contract
Samples: Borqs Technologies, Inc.
No Fractional Shares. No fractional shares of Warrant Shares Securities will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares shares, which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share share of Common Stock as reported by the applicable Trading Market on the date of exercise.
Appears in 1 contract
Samples: Applied Dna Sciences Inc
No Fractional Shares. No fractional shares of Warrant Shares will be -------------------- issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by on the applicable Trading Nasdaq National Market on the date of exercise.
Appears in 1 contract
Samples: Act Teleconferencing Inc
No Fractional Shares. No fractional shares of Warrant -------------------- Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.
Appears in 1 contract
Samples: Zoltek Companies Inc
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading NASDAQ Global Market or such other national exchange on which the Common Stock is then traded on the date of exercise.
Appears in 1 contract
Samples: Biosante Pharmaceuticals Inc
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by Bloomberg L.P. (or the applicable Trading Market successor to its function of reporting share prices) on the date of exercise.
Appears in 1 contract
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by on the applicable Trading Eligible Market on the date of exercise.
Appears in 1 contract
Samples: Number of Warrant Shares Available (Avi Biopharma Inc)
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price Closing Bid Price of one Warrant Share as reported by on the applicable Trading Market on the date of exerciseExercise Date.
Appears in 1 contract
Samples: Restructuring Agreement (Emisphere Technologies Inc)
No Fractional Shares. No fractional shares of Warrant Shares Stock will be issued in connection with any exercise of this Warranthereunder. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price fair market value of one share of Warrant Share as reported by the applicable Trading Market Stock on the date of exercise, as determined in good faith by the Company's Board of Directors.
Appears in 1 contract
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, Warrant Shares that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exerciseExercise Date.
Appears in 1 contract
Samples: Securities Purchase Agreement (Olympus Pacific Minerals Inc)
No Fractional Shares. No fractional shares of Warrant Shares Securities will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share share of Common Stock as reported by the applicable Trading Market on the date of exercise.
Appears in 1 contract
Samples: Applied Dna Sciences Inc
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by on the applicable principal Trading Market on the date of exercise.
Appears in 1 contract
Samples: Microislet Inc
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by on the applicable principal Trading Market on the date of exercise.
Appears in 1 contract
Samples: Microislet Inc
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exerciseExercise Date or round up such fractional share to a whole number.
Appears in 1 contract
Samples: Sen Yu International Holdings, Inc.
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any the exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price fair market value of one Warrant Share as reported by share of the applicable Trading Market on Common Stock (if the shares are publicly traded) or the book value of one share of the Common Stock (if the shares are not publicly traded) upon the date of exercise, as determined in good faith by the Company's Board of Directors.
Appears in 1 contract
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay to Holder cash equal to the product of such fraction multiplied by the closing price Closing Sale Price of one Warrant Share as reported by the applicable Trading Market on the date of exerciseShare Delivery Date.
Appears in 1 contract
Samples: LIGHTBRIDGE Corp
No Fractional Shares. No fractional shares of Warrant Shares Stock will be issued in connection with any exercise of this Warrantsubscription hereunder. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercisePrice.
Appears in 1 contract
Samples: GeoVax Labs, Inc.
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing bid price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.
Appears in 1 contract
Samples: Utix Group Inc
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing bid price of one Warrant Share as reported by on the applicable Trading Nasdaq National Market on the date of exercise.
Appears in 1 contract
Samples: I Many Inc
No Fractional Shares. No fractional shares of Warrant Shares Stock will be issued in connection with any exercise of this Warranthereunder. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price fair market value of one share of Warrant Share as reported by the applicable Trading Market Stock on the date of exercise, as determined in pursuant to Section 2(c) hereof.
Appears in 1 contract
Samples: Fusion-Io, Inc.
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the number of Warrant Shares to be issued shall be rounded down to the nearest whole number and the Company shall pay the Holder cash equal to the product of such fraction multiplied by the closing price Closing Sale Price of one Warrant Share as reported by the applicable Trading Market share of Common Stock on the date of exerciseExercise Date.
Appears in 1 contract
Samples: Cytori Therapeutics, Inc.
No Fractional Shares. No fractional shares of Warrant -------------------- Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing bid price of one Warrant Share as reported by on the applicable Trading Market American Stock Exchange on the date of exercise.
Appears in 1 contract
Samples: Storage Computer Corp
No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this a Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall shall, at its election, either pay cash equal to the product of such fraction multiplied by the closing price Exercise Price or round up to the next whole share of one Warrant Share as reported by the applicable Trading Market on the date of exerciseCommon Stock.
Appears in 1 contract
