Common use of Term of Warrant, Exercise of Warrant Clause in Contracts

Term of Warrant, Exercise of Warrant. The Holder of this Warrant shall have the right, which may be exercised for a period from the date such Debenture issued by the Company and which this Warrant formed a Unit at the time of issuance is converted into shares of the Common stock, through 11:59 p.m. Mountain time three (3) years from the date of issuance of this Warrant, from the Company to purchase ______________ (_________) fully paid and nonassessable shares of the Company’s common stock, $0.001 par value, (the “Shares” or “Common Stock”), upon presentation and surrender of this Warrant with the subscription form attached hereto as Exhibit “A,” accompanied by payment in lawful money of the United States of America in cash or by official bank or certified check payable to the Company of the lower of (i) one dollar and ninety-five cents ($1.95), or (ii) one hundred thirty percent (130%) of the per share price paid by any investor in a private placement by the Company of shares of its common stock at any time in the next twelve months from the date of this Warrant per share purchased on the exercise of the Warrant. On the exercise of all or any portion of this Warrant in the manner provided above, the Holder exercising the same shall be deemed to have become a holder of record of the Shares for all purposes, and certificates for the securities so purchased shall be delivered to the Holder within a reasonable time, but in no event longer than ten days after this Warrant shall have been exercised as set forth above. If this Warrant shall be exercised in respect to only a part of the Shares covered hereby, the Holder shall be entitled to receive a similar Warrant of like tenor and date covering the number of Shares with respect to which this Warrant shall not have been exercised.

Appears in 1 contract

Samples: Calibrus, Inc.

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Term of Warrant, Exercise of Warrant. The Warrant entitles the registered owner thereof to purchase up to 100,000 Common Shares at a purchase price of $3.50 per share (the "Exercise Price") at any time after the date hereof and on and before 5:00 p.m. Central Time on October 3, 2000 (the "Expiration Date"). The Exercise Price and the Shares issuable upon exercise of the Warrant are subject to adjustment upon the occurrence of certain events specified in Section 8 of this Agreement. Subject to the provisions of this Agreement, the registered Holder of this the Warrant shall have the right, which may be exercised for a period from as set forth in the date such Debenture issued by the Company and which this Warrant formed a Unit at the time of issuance is converted into shares of the Common stockCertificate, through 11:59 p.m. Mountain time three (3) years from the date of issuance of this Warrant, to purchase from the Company (and the Company shall issue and sell to purchase ______________ (_________such registered Holder of the Warrant) the number of fully paid and nonassessable shares Shares specified in the Warrant Certificate, upon surrender to the Company, or its duly authorized agent, of the Company’s common stockWarrant Certificate, $0.001 par value, (the “Shares” or “Common Stock”), upon presentation and surrender of this Warrant with the subscription form attached hereto as Exhibit “A,” accompanied by of election to purchase on the reverse thereof duly filled in and signed, and upon payment in lawful money of the United States of America in cash or by official bank or certified check payable to the Company of the lower Exercise Price, as adjusted in accordance with the provisions of Section 8 of this Agreement, for the number of Shares in respect of which the Warrant is being exercised; provided, however, that such purchase shall not be for fewer than the lesser of (i) one dollar and ninety-five cents ($1.95), 1,000 Shares or (ii) one hundred thirty percent (130%) the full number of Shares for which the Warrant is then exercisable. Payment of such Exercise Price may be 3 made in cash, wire transfer of funds or by certified or official bank check payable to the order of the per share price paid by Company. No adjustment shall be made for any investor in a private placement by dividends on any Shares issuable upon exercise of the Warrant. Upon the surrender of the Warrant Certificate and payment of the Exercise Price as aforesaid, the Company shall issue and cause to be delivered with all reasonable dispatch to or upon the written order of shares the registered Holder of its common stock at any time the Warrant and (subject to receipt of evidence of compliance with the Securities Act in accordance with the next twelve months from the date provisions of Section 12 of this Warrant per share Agreement) in such name or names as such registered Holder may designate, a certificate or certificates for the number of full Shares so purchased on upon the exercise of the Warrant. On the exercise of all or any portion , together with cash, as provided in Section 11 of this Warrant Agreement, in the manner provided above, the Holder exercising the same respect of any fractional Shares otherwise issuable upon such surrender. Such certificate or certificates shall be deemed to have been issued and any person so designated to be named therein shall be deemed to have become a holder of record of such Shares as of the date of the surrender of the Warrant Certificate and payment of the Exercise Price as aforesaid; provided, however, that if, at the date of surrender of the Warrant Certificates and payment of such Exercise Price, the transfer books for the Shares for all purposesshall be closed, and the certificates for the securities so purchased Shares in respect of which the Warrant is then exercised shall be delivered issuable as of the date on which such books shall next be opened (whether before, on or after the Expiration Date) and until such date the Company shall be under no duty to deliver any certificate for such Shares; provided, further, that the Holder within transfer books of record shall not be closed at any one time for a reasonable time, but in no event period longer than ten twenty days after this Warrant shall have been exercised as set forth aboveunless otherwise required by law. If this The rights of purchase represented by the Warrant shall be exercisable at the election of the Holder thereof, either in full or from time to time in part and, in the event that the Warrant Certificate is exercised in respect of less than all Shares purchasable on such exercise at any time prior to only the Expiration Date, a part of new Warrant Certificate will be issued for the Shares covered hereby, the Holder shall be entitled to receive a similar Warrant of like tenor and date covering the remaining number of Shares with respect to which this specified in the Warrant Certificate so surrendered. All Warrant Certificates surrendered upon exercise of the Warrant shall not have been exercisedbe canceled by the Company and disposed of in a manner satisfactory to the Company.

Appears in 1 contract

Samples: Warrant Agreement (American Industrial Properties Reit Inc)

Term of Warrant, Exercise of Warrant. The Holder Subject to the terms of this Warrant Warrant, the Holder shall have the right, which may be exercised for a at any time during the period from commencing at 9:00 a.m., New York time, on the date such Debenture issued by hereof, until 5:00 p.m., New York time, on June 13, 2003 (the Company and which this Warrant formed a Unit at the time of issuance is converted into shares of the Common stock"Termination Date"), through 11:59 p.m. Mountain time three (3) years from the date of issuance of this Warrant, to purchase from the Company to purchase ______________ (_________) the number of fully paid and nonassessable shares of Shares to which the Company’s common stock, $0.001 par value, (Holder may at the “Shares” or “Common Stock”)time be entitled to purchase pursuant to this Warrant, upon presentation and surrender surrender, to the Company at this principal office, of this Warrant certificate, together with the subscription form Purchase Form attached hereto as Exhibit “A,” accompanied by duly completed and signed, and upon payment in lawful money of the United States of America in cash or by official bank or certified check payable to the Company of the lower Warrant Price for the number of (i) one dollar and ninety-five cents ($1.95)Shares in respect of which this Warrant is then being exercised. Payment of the aggregate Warrant Price shall be made in cash, by certified or cashier's check, or (ii) one hundred thirty percent (130%) of the per share price paid by any investor in wire transfer, or a private placement by the Company of shares of its common stock at any time in the next twelve months from the date combination thereof. Upon surrender of this Warrant per share and payment of the Warrant Price as aforesaid, the Company shall issue and cause to be delivered with all reasonable dispatch, to or upon the written order of the Holder and (subject to the restrictive legend on the first page of this Warrant) in such name or names 3 as the Holder may designate, a certificate or certificates for the number of full Shares so purchased on upon the exercise of the this Warrant, together with cash, as provided in Section 8 hereof, in respect of any fractional Shares otherwise issuable upon such surrender. On the exercise of all Such certificate or certificates shall be deemed to have been issued and any portion of this Warrant in the manner provided above, the Holder exercising the same person so designated to be named therein shall be deemed to have become a holder of record of such Shares as of the date of the surrender of this Warrant and payment of the Warrant Price as aforesaid; provided that if, at the date of surrender of this Warrant and payment of such Warrant Price, the transfer books for the Shares for all purposes, and certificates for or other class of stock purchasable upon the securities so purchased shall be delivered to the Holder within a reasonable time, but in no event longer than ten days after this Warrant shall have been exercised as set forth above. If exercise of this Warrant shall be closed, the certificates for the Shares in respect of which this Warrant is then exercised shall be issuable as of the date on which such books shall next be opened (whether before or after the Termination Date) and until such date the Company shall be under no duty to deliver any certificate for such Shares; and provided further that the transfer books of record, unless otherwise required by law, shall not be closed at any one time for a period longer than twenty days. The rights of purchase represented by this Warrant shall be exercisable, at the election of the Holder, either in full or from time to time in part and, in the event that this Warrant is exercised in respect to only a part of fewer than all of the Shares covered herebyat any time prior to the date of expiration of this Warrant, a new Warrant certificate to purchase the Holder shall remaining Shares will be entitled to receive a similar Warrant of like tenor and date covering the number of Shares with respect to which this Warrant shall not have been exercisedissued.

Appears in 1 contract

Samples: Screaming Media Com Inc

Term of Warrant, Exercise of Warrant. The Holder Subject to the terms of this Warrant Agreement, the Warrantholder shall have the right, which may be exercised for a at any time during the period from ending at 5:00 p.m., New York time, on August 31, 2001 (the date such Debenture issued by the Company and which this Warrant formed a Unit at the time of issuance is converted into shares of the Common stock"Termination Date"), through 11:59 p.m. Mountain time three (3) years from the date of issuance of this Warrant, to purchase from the Company up to purchase ______________ (_________) the number of fully paid and nonassessable shares Shares which the Warrantholder may at the time be entitled to purchase pursuant to this Agreement, upon surrender to the Company, at its principal office in St. Petersburg, Florida, or wherever its principal executive offices may then be located, of the Company’s common stockcertificate evidencing the Warrant to be exercised, $0.001 par value, (the “Shares” or “Common Stock”), upon presentation and surrender of this Warrant together with the subscription purchase form attached hereto as Exhibit “A,” accompanied by on the reverse thereof duly filled in and signed, and upon payment in lawful money of the United States of America in cash or by official bank or certified check payable to the Company of the lower Warrant Price (as defined in and determined in accordance with the provisions of (i) one dollar Sections 7 and ninety-five cents ($1.958 hereof), or (ii) one hundred thirty percent (130%) for the number of Shares in respect of which such Warrant is then exercised, but in no event for less than 25 Shares, unless the Warrant entitles the Warrantholder on exercise to less than 25 Shares, in which event the Warrant can be exercised for such lesser number of Shares. Payment of the per share price paid aggregate Warrant Price shall be made in cash or by any investor in a private placement by check. Upon surrender of the Warrant and payment of such Warrant Price as aforesaid, the Company shall issue and cause to be delivered with all reasonable dispatch to or upon the written order of shares the Warrantholder and in such name or names as the Warrantholder may designate a certificate or certificates for the number of its common stock at any time in the next twelve months from the date of this Warrant per share full Shares so purchased on upon the exercise of the Warrant, together with cash, as provided in Section 9 hereof, in respect of any fractional Shares otherwise issuable upon such surrender. On the exercise of all Such certificate or certificates shall be deemed to have been issued and any portion of this Warrant in the manner provided above, the Holder exercising the same person so designated to be named therein shall be deemed to have become a holder of record of such Shares as of the date of the surrender of the Warrant and the payment of the Warrant Price, as aforesaid, notwithstanding that the certificates representing the Shares for all purposes, and certificates for the securities so purchased shall be delivered to the Holder within a reasonable time, but in no event longer than ten days after this Warrant shall not actually have been exercised as set forth abovedelivered or that the stock transfer books of the Company shall then be closed. If this The Warrant shall be exercisable, at the election of the Warrantholder, either in full or from time to time in part and, in the event that a certificate evidencing the Warrant is exercised in respect to only a part of less than all of the Shares covered herebyspecified therein at any time prior to the Termination Date, a new certificate evidencing the Holder shall remaining Warrant will be entitled to receive a similar Warrant of like tenor and date covering issued by the number of Shares with respect to which this Warrant shall not have been exercisedCompany.

Appears in 1 contract

Samples: Warrant and Registration Agreement (Cornstein David B)

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Term of Warrant, Exercise of Warrant. The Warrant entitles the registered owner thereof to purchase up to 100,000 Common Shares at a purchase price of $3.50 per share (the "Exercise Price") at any time after the date hereof and on and before 5:00 p.m. Central Time on October 3, 2000 (the "Expiration Date"). The Exercise Price and the Shares issuable upon exercise of the Warrant are subject to adjustment upon the occurrence of certain events specified in Section 8 of this Agreement. Subject to the provisions of this Agreement, the registered Holder of this the Warrant shall have the right, which may be exercised for a period from as set forth in the date such Debenture issued by the Company and which this Warrant formed a Unit at the time of issuance is converted into shares of the Common stockCertificate, through 11:59 p.m. Mountain time three (3) years from the date of issuance of this Warrant, to purchase from the Company (and the Company shall issue and sell to purchase ______________ (_________such registered Holder of the Warrant) the number of fully paid and nonassessable shares Shares specified in the Warrant Certificate, upon surrender to the Company, or its duly authorized agent, of the Company’s common stockWarrant Certificate, $0.001 par value, (the “Shares” or “Common Stock”), upon presentation and surrender of this Warrant with the subscription form attached hereto as Exhibit “A,” accompanied by of election to purchase on the reverse thereof duly filled in and signed, and upon payment in lawful money of the United States of America in cash or by official bank or certified check payable to the Company of the lower Exercise Price, as adjusted in accordance with the provisions of Section 8 of this Agreement, for the number of Shares in respect of which the Warrant is being exercised; provided, however, that such purchase shall not be for fewer than the lesser of (i) one dollar and ninety-five cents ($1.95), 1,000 Shares or (ii) one hundred thirty percent (130%) the full number of Shares for which the Warrant is then exercisable. Payment of such Exercise Price may be made in cash, wire transfer of funds or by certified or official bank check payable to the order of the per share price paid by Company. No adjustment shall be made for any investor in a private placement by dividends on any Shares issuable upon exercise of the Warrant. Upon the surrender of the Warrant Certificate and payment of the Exercise Price as aforesaid, the Company shall issue and cause to be delivered with 3 all reasonable dispatch to or upon the written order of shares the registered Holder of its common stock at any time the Warrant and (subject to receipt of evidence of compliance with the Securities Act in accordance with the next twelve months from the date provisions of Section 12 of this Warrant per share Agreement) in such name or names as such registered Holder may designate, a certificate or certificates for the number of full Shares so purchased on upon the exercise of the Warrant. On the exercise of all or any portion , together with cash, as provided in Section 11 of this Warrant Agreement, in the manner provided above, the Holder exercising the same respect of any fractional Shares otherwise issuable upon such surrender. Such certificate or certificates shall be deemed to have been issued and any person so designated to be named therein shall be deemed to have become a holder of record of such Shares as of the date of the surrender of the Warrant Certificate and payment of the Exercise Price as aforesaid; provided, however, that if, at the date of surrender of the Warrant Certificates and payment of such Exercise Price, the transfer books for the Shares for all purposesshall be closed, and the certificates for the securities so purchased Shares in respect of which the Warrant is then exercised shall be delivered issuable as of the date on which such books shall next be opened (whether before, on or after the Expiration Date) and until such date the Company shall be under no duty to deliver any certificate for such Shares; provided, further, that the Holder within transfer books of record shall not be closed at any one time for a reasonable time, but in no event period longer than ten twenty days after this Warrant shall have been exercised as set forth aboveunless otherwise required by law. If this The rights of purchase represented by the Warrant shall be exercisable at the election of the Holder thereof, either in full or from time to time in part and, in the event that the Warrant Certificate is exercised in respect of less than all Shares purchasable on such exercise at any time prior to only the Expiration Date, a part of new Warrant Certificate will be issued for the Shares covered hereby, the Holder shall be entitled to receive a similar Warrant of like tenor and date covering the remaining number of Shares with respect to which this specified in the Warrant Certificate so surrendered. All Warrant Certificates surrendered upon exercise of the Warrant shall not have been exercisedbe canceled by the Company and disposed of in a manner satisfactory to the Company.

Appears in 1 contract

Samples: Warrant Agreement (American Industrial Properties Reit Inc)

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