Common use of Payment of Warrant Price Clause in Contracts

Payment of Warrant Price. Payment of the Warrant Purchase Price may be made, at the option of the Holder, by (i) certified or official bank check, (ii) cash or wire transfer, (iii) if the Fair Market Value of one Warrant Share is greater than the Exercise Price, instructing the Company to withhold and cancel a number of Warrant Shares then issuable upon exercise of this Warrant with respect to which the excess of the Fair Market Value over the Warrant Purchase Price for such canceled Warrant Shares is at least equal to the Warrant Purchase Price for the Warrant Shares being purchased (the “cashless exercise” procedures), (iv) surrendering to the Company shares of Common Stock previously acquired by the Holder with a Fair Market Value equal to the Warrant Purchase Price for the shares then being purchased or (v) any combination of any of the foregoing. If the Holder elects to exercise this Warrant using the “cashless exercise” procedures set forth in clause (iii) above, the Warrant Shares being purchased thereby shall be deemed to have been acquired by the Holder as of the date upon which the Exercise Notice is delivered to the Designated Office.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Levine Leichtman Capital Partners Ii Lp), Securities Purchase Agreement (Levine Leichtman Capital Partners Ii Lp)

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Payment of Warrant Price. Payment of the Warrant Purchase Price may be made, at the option of the Holder, by (i) certified or official bank check, (ii) cash or wire transfer, (iii) if the Fair Market Value of one Warrant Share is greater than the Exercise Price, instructing the Company to withhold and cancel a number of Warrant Shares then issuable upon exercise of this Warrant with respect to which the excess of the Fair Market Value over the Warrant Purchase Price for such canceled Warrant Shares is at least equal to the Warrant Purchase Price for the Warrant Shares being purchased (the "cashless exercise" procedures), (iv) surrendering to the Company shares of Common Stock previously acquired by the Holder with a Fair Market Value equal to the Warrant Purchase Price for the shares then being purchased or (v) any combination of any of the foregoing. If the Holder elects to exercise this Warrant using the "cashless exercise" procedures set forth in clause (iii) above, the Warrant Shares being purchased thereby shall be deemed to have been acquired by the Holder as of the date upon which the Exercise Notice is delivered to the Designated Office.

Appears in 2 contracts

Samples: Overhill Farms Inc, Levine Leichtman Capital Partners Ii Lp

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Payment of Warrant Price. Payment of the Warrant Purchase Price may be made, at the option of the Holder, by (i) certified or official bank check, (ii) cash or wire transfer, (iii) if the Fair Market Value of one Warrant Share is greater than the Exercise Price, by instructing the Company to withhold and cancel a number of Warrant Shares then issuable upon exercise of this Warrant with respect to which the excess of the Fair Market Value over the Warrant Purchase Price for such canceled Warrant Shares is at least equal to the Warrant Purchase Price for the Warrant Shares being purchased (the "cashless exercise" procedures), (iv) surrendering to the Company shares of Common Stock previously acquired by the Holder with a Fair Market Value equal to the Warrant Purchase Price for the shares then being purchased or (v) any combination of any of the foregoing. If the Holder elects to exercise this Warrant using the "cashless exercise" procedures set forth in clause (iii) above, the Warrant Shares being purchased thereby shall be deemed to have been acquired by the Holder as of the date upon which the Exercise Notice is delivered to the Designated Office.

Appears in 1 contract

Samples: Levine Leichtman Capital Partners Ii Lp

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