Pre-Funded Warrants. On the Closing Date and at each Option Closing Date (if any), the Company shall have delivered to the Representative executed copies of the Pre-Funded Warrants.
Pre-Funded Warrants. The Company shall have delivered executed copies of the Pre-Funded Warrants to the public purchasers thereof.
Pre-Funded Warrants. On the Closing Date, the Company shall have delivered to the Representative executed copies of the Pre-funded Warrants.
Pre-Funded Warrants. The Company covenants and agrees that in lieu of issuing shares of Common Stock upon exercise of this Warrant, the Company shall, at the option of the Holder, issue Pre-Funded Warrants to such Holder if, as a result of the exercise of this Warrant, the Holder’s (along with its Affiliates) beneficial ownership of the Company’s Common Stock would exceed 4.99% (or, at the discretion of the Holder, 9.99%) of the Company’s outstanding Common Stock immediately following such exercise. A Holder electing to receive Pre-Funded Warrants in lieu of shares of Common Stock upon exercise of this Warrant shall indicate such preference on the Notice of Exercise and shall withhold from the Exercise Price of the Warrants so exercised $0.0001 per Warrant Share (which, for the avoidance of doubt, shall be the exercise price of the Pre-Funded Warrant). ******************** (Signature Page Follows)
Pre-Funded Warrants. On or prior to the date hereof, the Company shall have furnished to the Representatives electronic copies of the Pre-Funded Warrants executed by the Company.
Pre-Funded Warrants. To the extent that issuance of any number of shares of Common Stock will cause Buyer’s beneficial ownership of the Common Stock to exceed the Maximum Percentage, the Company shall, in lieu of issuing such shares of Common Stock that will cause Buyer’s beneficial ownership of the Common Stock to exceed the Maximum Percentage, issue to Buyer warrants, substantially in the form attached hereto as Exhibit A, to purchase, at a purchase price of $0.01 per share, the number of shares of Common Stock that would cause Buyer’s beneficial ownership to exceed the Maximum Percentage (the “Pre-Funded Warrants” and together with the Purchase Warrants, the “Warrants”).
Pre-Funded Warrants. At least one (1) full business day prior to the Closing Date, the Representative shall have received electronic copies of the Pre-Funded Warrants, substantially in the form of Exhibit C, executed by the Company.
Pre-Funded Warrants. To the extent that issuance of any number of Ordinary Shares will cause Buyer’s beneficial ownership of the Ordinary Shares to exceed the Maximum Percentage, the Company shall, in lieu of issuing such Ordinary Shares that will cause Buyer’s beneficial ownership of the Ordinary Shares to exceed the Maximum Percentage, issue to Buyer warrants, substantially in the form attached hereto as Exhibit B, to purchase, at a purchase price of $0.01 per share, the number of Ordinary Shares that were withheld from issuance pursuant to Section 1(e) so as to not cause Buyer’s beneficial ownership to exceed the Maximum Percentage (the “Pre-Funded Warrants” and together with the Purchase Warrants, the “Warrants”). The Company shall also issue to Buyer additional Pre-Funded Warrants in an amount equal in value to the aggregate exercise price of the Pre-Funded Warrants.
Pre-Funded Warrants. To the extent that issuance of any number of shares of Common Stock would cause any Holder’s beneficial ownership of the shares of Common Stock to exceed the Maximum Percentage (as defined in the Notes), the Company shall, in lieu of issuing such shares of Common Stock that would cause such Holder’s beneficial ownership of the shares of Common Stock to exceed the Maximum Percentage, issue to such Holder Pre-Funded Warrants (in substantially the form attached to this Agreement as Exhibit C) to acquire up to the aggregate number of shares of Common Stock that would cause such Holder’s beneficial ownership to exceed the Maximum Percentage. The Company shall also issue to such Holder additional Pre-Funded Warrants in an amount equal in value to the aggregate exercise price of Pre-Funded Warrants issued pursuant to this Section 2.6.
Pre-Funded Warrants. To the extent that issuance of any number of Conversion Shares will cause any Buyer’s beneficial ownership of the Ordinary Shares to exceed the Maximum Percentage, the Company shall, in lieu of issuing such Conversion Shares that will cause such Buyer’s beneficial ownership of the Ordinary Shares to exceed the Maximum Percentage, issue to such Buyer Pre-Funded Warrants to acquire up to the aggregate number of Conversion Shares that would cause such Buyer’s beneficial ownership to exceed the Maximum Percentage. The Company shall also issue to such Buyer additional Pre-Funded Warrants in an amount equal in value to the aggregate exercise price of Pre-Funded Warrants issued pursuant to this section.
