Common use of on Exercise Clause in Contracts

on Exercise. The Company agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares in accordance herewith. As soon as practicable after the exercise of this Warrant in full or in part, upon receipt of appropriate consideration from the Holder pursuant to the terms hereof (if any), and in any event within three (3) business days thereafter, the Company at its expense (including the payment by it of any applicable issue taxes) will cause to be issued in the name of and delivered to the Holder, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and nonassessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise, plus, in lieu of any fractional share to which such holder would otherwise be entitled, cash equal to such fraction multiplied by the then Fair Market Value of one full share, together with any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled upon such exercise pursuant to Section 1 or otherwise.

Appears in 4 contracts

Samples: Digital Angel Corp, iBroadband, Inc., iBroadband, Inc.

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on Exercise. The Company agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares in accordance herewith. As soon as practicable after the exercise of this Warrant in full or in part, upon receipt of appropriate consideration from the Holder pursuant to the terms hereof (if any), and in any event within three (3) business days thereafter, the Company at its expense (including the payment by it of any applicable issue taxes) will cause to be issued in the name of and delivered to the Holder, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and nonassessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise, plus, in lieu of any fractional share to which such holder would otherwise be entitled, cash equal entitled will be rounded to such fraction multiplied by the then Fair Market Value of nearest one full shareshare and included in the aforementioned certificate or certificates, together with up to the number of shares available under this Warrant. Holder will also receive any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled upon such exercise pursuant to Section 1 or otherwise.

Appears in 2 contracts

Samples: Clinical Data Inc, Clinical Data Inc

on Exercise. (a) The Company agrees that the shares of Common Stock purchased upon exercise of this Warrant shall be deemed to be issued to the Holder as the record owner of such shares as of the close of business on the date on which this Warrant shall have been surrendered and payment made for such shares in accordance herewith. As soon as practicable after the exercise of this Warrant in full or in part, upon receipt of appropriate consideration from the Holder pursuant to the terms hereof (if any), and in any event within three (3) business days thereafter, the Company at its expense (including the payment by it of any applicable issue taxestaxes that the Company is required to pay by law) will cause to be issued in the name of and delivered to the Holder, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities lawslaws and the provision of an opinion of legal counsel in form and substance suitable to the Company in its reasonable judgment, a certificate or certificates for the number of duly and validly issued, fully paid and nonassessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise, plus, in lieu of any fractional share to which such holder would otherwise be entitled, cash equal to such fraction multiplied by the then Fair Market Value of one full share, together with any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled upon such exercise pursuant to Section 1 or otherwise.

Appears in 2 contracts

Samples: Continental Fuels, Inc., Continental Fuels, Inc.

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on Exercise. The Company ------------------------------------------------------ agrees that the shares of Common Stock purchased upon exercise of this Replacement Warrant shall be deemed to be issued to the Holder hereof as the record owner of such shares as of the close of business on the date on which this Replacement Warrant shall have been surrendered and payment made for such shares in accordance herewithas aforesaid. As soon as practicable after the exercise of this Replacement Warrant in full or in part, upon receipt of appropriate consideration from the Holder pursuant to the terms hereof (if any), and in any event within three (3) business days thereafter, the Company at its expense (including the payment by it of any applicable issue taxes) will cause to be issued in the name of and delivered to the HolderHolder hereof, or as such Holder (upon payment by such Holder of any applicable transfer taxes) may direct in compliance with applicable securities laws, a certificate or certificates for the number of duly and validly issued, fully paid and nonassessable shares of Common Stock (or Other Securities) to which such Holder shall be entitled on such exercise, plus, in lieu of any fractional share to which such holder Holder would otherwise be entitled, cash equal to such fraction multiplied by the then Fair Market Value of one full shareshare of Common Stock, together with any other stock or other securities and property (including cash, where applicable) to which such Holder is entitled upon such exercise pursuant to Section 1 or otherwise.

Appears in 1 contract

Samples: Aventura Holdings Inc.

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