Common use of Right to Exchange Clause in Contracts

Right to Exchange. In addition to and without limiting the rights of the Holder under the terms of this Warrant, but subject to the provisions of Section 1.2, the Holder shall have the right to exchange this Warrant or any portion hereof (the "Exchange Right") for Shares as provided in this Section 7. Upon exercise of the Exchange Right with respect to a particular number of Shares subject to this Warrant (the "Exchange Warrant Shares"), the Company shall deliver to the Holder (without payment by the Holder of any cash or other consideration other than shares of Common Stock in the case of clause (i) of the first sentence of Section 7.2) that number of Shares equal to the quotient obtained by dividing (x) the value of this Warrant (or the specified portion hereof) on the Exchange Date (as defined in Section 7.2 hereof), which value shall be equal to the aggregate Fair Market Value of the Exchange Warrant Shares issuable upon exchange of this Warrant (or the specified portion hereof) on the Exchange Date (as herein defined) minus, in the case of clause (ii) of the first sentence of Section 7.2, the aggregate Warrant Price of the Exchange Warrant Shares immediately prior to the exercise of the Exchange Right by (y) the Fair Market Value of one Share on the Exchange Date (as herein defined). No fractional shares shall be issuable upon exercise of the Exchange Right, and if the number of shares to be issued determined in accordance with the foregoing formula is other than a whole number, the Company shall pay to the Holder an amount in cash equal to the Fair Market Value of the resulting fractional share on the Exchange Date (as herein defined).

Appears in 3 contracts

Samples: Bti Telecom Corp, Bti Telecom Corp, Bti Telecom Corp

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Right to Exchange. In addition to and without limiting the ----------------- rights of the Holder under the terms of this Warrant, but subject to the provisions of Section 1.2, the Holder shall have the right be entitled to exchange this Warrant or any portion hereof (the "Exchange Right") for Shares as provided in this Section 7. Upon exercise exchange of this Warrant (the Exchange Right "Exchange") with respect to a particular number of Shares subject to this Warrant (the "Exchange Warrant Shares"), the Company shall deliver to the Holder (without payment by the Holder of any cash or other consideration other than shares of Common Stock in the case of clause (i) of the first sentence of Section 7.2) that number of Shares equal to the quotient obtained by dividing (x) the value of this Warrant (or the specified portion hereof) on the Exchange Date (as defined in Section 7.2 hereof), which value shall be equal to the aggregate Fair Market Value of the Exchange Warrant Shares issuable upon exchange of this Warrant (or the specified portion hereof) on the Exchange Date (as herein defined) minus, in the case of clause (ii) of the first sentence of Section 7.2, the aggregate Warrant Price of the Exchange Warrant Shares immediately prior to the exercise of the Exchange Right by (y) the Fair Market Value of one Share on the Exchange Date (as herein defined). No fractional shares shall be issuable upon exercise of the Exchange RightExchange, and if the number of shares to be issued determined in accordance with the foregoing formula is other than a whole number, the Company shall pay to the Holder an amount in cash equal to the Fair Market Value of the resulting fractional share on the Exchange Date (as herein defined)Date.

Appears in 2 contracts

Samples: Bti Telecom Corp, Bti Telecom Corp

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Right to Exchange. In addition to and without limiting the rights ----------------- of the Holder under the terms of this Warrant, but subject to the provisions of Section 1.2, the Holder shall have the right be entitled to exchange this Warrant or any portion hereof (the "Exchange Right") for Shares as provided in this Section 7. Upon exercise exchange of this Warrant (the Exchange Right "Exchange") with respect to a particular number of Shares subject to this Warrant (the "Exchange Warrant Shares"), the Company shall deliver to the Holder (without payment by the Holder of any cash or other consideration other than shares of Common Stock in the case of clause (i) of the first sentence of Section 7.2) that number of Shares equal to the quotient obtained by dividing (x) the value of this Warrant (or the specified portion hereof) on the Exchange Date (as defined in Section 7.2 hereof), which value shall be equal to the aggregate Fair Market Value of the Exchange Warrant Shares issuable upon exchange of this Warrant (or the specified portion hereof) on the Exchange Date (as herein defined) minus, in the case of clause (ii) of the first sentence of Section 7.2, the aggregate Warrant Price of the Exchange Warrant Shares immediately prior to the exercise of the Exchange Right by (y) the Fair Market Value of one Share on the Exchange Date (as herein defined). No fractional shares shall be issuable upon exercise of the Exchange RightExchange, and if the number of shares to be issued determined in accordance with the foregoing formula is other than a whole number, the Company shall pay to the Holder an amount in cash equal to the Fair Market Value of the resulting fractional share on the Exchange Date (as herein defined)Date.

Appears in 1 contract

Samples: Bti Telecom Corp

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