The Warrants. The Warrants shall have the terms and conditions and be in the form attached hereto as Exhibit B.
The Warrants. Subject to the terms and conditions of this Agreement, each Investor agrees, severally, to purchase and the Company agrees to issue to each Investor at the Closing a Warrant in the form of Exhibit B to purchase shares of Common Stock of the Company as set forth in the Warrant and exercisable at price set forth in the Warrant. The securities for which the Warrants are exercisable into are referred to as the “Warrant Stock”.
The Warrants. Pursuant to and subject to certain conditions set forth in the agreement (the "Warrant Agreement") between the Company, the Underwriters and American Securities Transfer & Trust Co., each Warrant will be exercisable during the period commencing on the effective date of the Registration Statement, as defined in Paragraph 2(a) hereof (the "Effective Date"), and expiring five years thereafter, subject to prior redemption by the Company (as described below), at an initial exercise price (subject to adjustment as set forth in the Warrant Agreement) equal to $5.00 per share. The shares of Common Stock issuable upon the exercise of Warrants are hereinafter referred to as "Warrant Shares." As more fully provided in the Warrant Agreement, the Warrants will be redeemable at a price of $.01 per Warrant, commencing 12 months after the Effective Date and prior to their expiration upon not less than 30 days' prior written notice to the holders of the Warrants, provided the average closing bid quotations of the Common Stock as reported on The Nasdaq Stock Market (including the Electronic Bulletin Board) if traded thereon, or if not traded thereon, the average closing sale price if listed on a national securities exchange (or other reporting system that provides last sales prices), has been at least 150% of the then current Warrant exercise price (initially $7.50 per share, subject to adjustment), for a period of 20 consecutive trading days ending on the third day prior to the date on which the Company gives notice of redemption, subject to the right of the holder to exercise his purchase rights thereunder until redemption.
The Warrants. (a) Prior to the Closing, the Company shall issue and deliver to the Escrow Agent for delivery at the closing (a) a Common Stock purchase warrant, in the form of EXHIBIT D and registered in the name of JNC (the "JNC WARRANT"), pursuant to which JNC shall have the right at any time and from time to time thereafter through the third anniversary of the date of issuance thereof, to acquire 198,840 shares of Common Stock at an exercise price per share equal to $3.91.
The Warrants. The Company has authorized the issuance and sale to the Purchasers of Common Stock Purchase Warrants for the purchase of an aggregate of 1,133,328 shares of the Company's Class A Common Stock representing 7.234% of the outstanding Common Stock on a fully diluted basis as of the Closing Date (subject to adjustment as provided therein) (the "Warrant Shares"). Such Common Stock Purchase Warrants shall be substantially in the form set forth as Exhibit 3.01 attached hereto and are referred to herein individually as a "Warrant" and collectively as the "Warrants", which term shall also include any warrants delivered in exchange or replacement therefor. The Warrants shall be exercisable at the purchase price provided therein.
The Warrants. The number of Warrants to be issued shall equal one-half of (i) the principal amount of the Convertible Debentures issued at Closing divided by (ii) the Market Price on the Trading Day immediately prior to the Closing Date. The exercise price of such Warrants shall be 115% of the closing bid price for the Common Stock on the Principal Market on the Trading Day immediately prior to the Closing Date. Two-thirds of the Warrants shall be immediately exercisable upon issuance. The remaining one-third of each Lender's Warrants shall only become exercisable if the Convertible Debentures have not been redeemed in accordance with their terms on or before the 100th day after the Closing Date.
The Warrants. Holdings has authorized the issuance and sale of warrants for the purchase of an aggregate of 650,000 shares of Common Stock (the “Warrant Shares”) (subject to adjustment as provided therein) in the form set forth as Exhibit G attached hereto (referred to herein individually as a “Warrant” and collectively as the “Warrants”, which terms shall also include any warrants delivered in exchange therefor or replacement thereof). The Warrants shall be exercisable at a purchase price equal to $0.25 per Warrant Share (subject to adjustment as provided in the Warrants).
The Warrants. Subject to the terms and conditions of this Agreement, the Company hereby issues and delivers to the Warrantholder a warrant, substantially in the form of Exhibit A hereto, to purchase 328,084 shares of fully paid and nonassessable Common Stock at a price per share equal to $19.05 (the "EXERCISE PRICE").
The Warrants. The Warrants to be issued and sold by the Company hereunder, when executed and delivered pursuant to the terms of this Agreement, will be duly authorized, executed and delivered by the Company and will conform to the descriptions thereof in the Registration Statement, the Pricing Disclosure Package and the Prospectus.