Total Warrants Sample Clauses

Total Warrants. (A) If the lowest price per share of Common Stock (or the conversion price or exercise price of any security exercisable or convertible into Common Stock (“Convertible Securities”)) (the “Offering Price”) in a bona fide equity financing pursuant to the Securities Purchase Agreement dated as of the date hereof by and among the Company and the investors party thereto (the “Purchase Agreement”) or pursuant to any other securities purchase agreement entered into in accordance with the Board’s approval of a bona fide equity financing for up to $60,000,000 on July 16, 2015 (each such financing, an “Offering” and collectively, the “Offerings”) (the determination of any such Offering Price to include any warrant or other securities issued in connection with such Common Stock or Convertible Security in such Offering) is less than the Share Price, the Company shall have issued to Total a warrant in the form of Exhibit D-1 attached hereto (the “Total Equity Funding Warrant”), which warrant will be exercisable for the number of shares of Common Stock equal to the difference between the number of shares of Common Stock Total would have received if it had exchanged $70,000,000 of Outstanding Convertible Notes at the lowest Offering Price of such Offerings and the number of Shares Total receives pursuant to the Exchange at the Share Price; provided, however, that such Total Equity Funding Warrant shall only be exercisable if such Total Equity Funding Warrant has been approved by a majority of the Company’s stockholders whose vote was counted at the Stockholders Meeting in accordance with Section 7.7 of this Agreement.