Common use of Warrant Coverage Clause in Contracts

Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 5% of the aggregate number of shares of Common Stock placed in each Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or options). If the Securities included in an Offering are non-convertible, the ▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The ▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the ▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the public offering price of an Offering. If no warrants are issued to investors in an Offering, the ▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇, have a term of 5 years and an exercise price equal to 110% of the then market price of the Common Stock

Appears in 2 contracts

Sources: Exclusive Agency Agreement (Evoke Pharma Inc), Exclusive Agency Agreement (Evoke Pharma Inc)

Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees authorized to receive warrants under FINRA Rule 5110 at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 56% of the aggregate number of shares of Common Stock placed in each the Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, including such shares of Common Stock underlying such Securities any “greenshoe”, “additional investment” or options“short-term warrant” option component). If the Securities included in an Offering are non-convertibledoes not include any Common Stock, then the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing equal to 6% of the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the ▇▇▇▇▇▇ Warrants shall they will have an exercise a term of 3 years and have a strike price equal to 125of 120% of the public offering price of an Offeringper share or share equivalent. If no warrants are issued to investors in an the Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇ and the Company, have a term of 5 3 years and an exercise price equal to 110120% of the then market price of the Common Stock.

Appears in 1 contract

Sources: Exclusive Agency Agreement (Avalon Rare Metals Inc.)

Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 55.0% of the aggregate number of shares of Common Stock placed in each Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or options). If the Securities included in an Offering are non-convertible, the ▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The ▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the ▇▇▇▇▇▇ Warrants shall have a term of no greater than 5 years and an exercise price equal to 125% of the public offering price of an Offering. If no warrants are issued to investors in an Offering, the ▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇, have a term of 5 years and an exercise price equal to 110125% of the then market price of the Common Stock.

Appears in 1 contract

Sources: Exclusive Agency Agreement (Apricus Biosciences, Inc.)

Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 53.0% of the aggregate number of shares of Common Stock placed in each Offering (and if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such number of shares of Common Stock underlying such Securities or options, with the warrant issuable upon conversion of the Securities or the exercise of the option). If the Securities included in an Offering are non-convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the such ▇▇▇▇▇▇▇▇▇▇ Warrants Warrant shall have an exercise price equal to 125% of the public offering price of an per share in the applicable Offering. If no warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of 5 five (5) years and an exercise price equal to 110125% of the then market price of the Common Stock.

Appears in 1 contract

Sources: Exclusive Agency Agreement (Aethlon Medical Inc)

Warrant Coverage. The Company shall issue to R▇▇▇▇▇ or its designees at each Closing, warrants (the “R▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 52.0 % of the aggregate number of shares of Common Stock placed in each Offering, excluding any shares of Common Stock issuable upon exercise of any warrants placed in each Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or optionsoptions are excluded). If the Securities included in an Offering are non-convertible, the R▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The R▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the ▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the public offering price of an Offering. If no warrants are issued to investors in an Offering, the R▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to R▇▇▇▇▇, have a term of 5 years and an exercise price equal to 110% of the then market price of the Common Stock.

Appears in 1 contract

Sources: Exclusive Agency Agreement (Eyegate Pharmaceuticals Inc)

Warrant Coverage. The Company shall issue In addition to the Cash Fee, ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, shall be entitled to receive additional payment from the Company in the form of warrants (the "▇▇▇▇▇▇▇▇▇▇ Warrants") to purchase the Company's common stock. In the event that the Company issues and sells its common stock in the applicable Offering, the Company shall issue ▇▇▇▇▇▇▇▇▇▇ Warrants or its designee at the Closing to purchase that number of shares of common stock of the Company equal to 52.5 % of the aggregate number of shares of Common Stock common stock placed in each such Offering (including, if and when exercised, any proceeds from the Securities are convertible exercise of any over-allotment or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or optionsinvestment rights). If In the Securities included event that the Company issues and sells its debt securities (including convertible debt securities) in an Offering are non-convertiblethe Offering, the Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at the Closing the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by to purchase the number of shares of common stock equal to the product of (i) the result from dividing the amount of the gross proceeds raised in such Offering divided (including, if and when exercised, any proceeds from the exercise of any over-allotment or additional investment rights) by the then market price of the Common StockCompany's common stock, multiplied by (ii) 2.5%. The When applicable, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the ▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the public offering price of an Offering. If no warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of 5 years and an exercise price equal to 110% of the then market price of the Common Stockcommon stock.

Appears in 1 contract

Sources: Exclusive Agency Agreement (Orient Paper Inc.)

Warrant Coverage. The Company shall issue to W▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 57.0% of the aggregate number of shares of Common Stock placed in each Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or optionsoptions if exercised). If the Securities included in an Offering are non-convertible, the W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the such W▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the public offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an OfferingOffering is commenced. If no warrants are issued to investors in an Offering, the W▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to W▇▇▇▇▇▇▇▇▇, have a term of 5 years and an exercise price equal to 110% of the then market price of the Common Stock.

Appears in 1 contract

Sources: Exclusive Agency Agreement (Cancer Genetics, Inc)

Warrant Coverage. The Company shall issue to W▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 53% of the aggregate number of shares of Common Stock placed in each Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or options). If the Securities included in an Offering are non-convertible, the W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the W▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the per share public offering price and have a term of an Offeringexercise equal to 30 months from the Closing. If no warrants are issued to investors in an Offering, the W▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to W▇▇▇▇▇▇▇▇▇, have a term of 5 years and an exercise price equal to 110% of the then market price of the Common Stock.

Appears in 1 contract

Sources: Placement Agent Agreement (Skystar Bio-Pharmaceutical Co)

Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 5% of the aggregate number of shares of Common Stock placed in each Offering (if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such shares of Common Stock underlying such Securities or optionsoptions if exercised). If the Securities included in an Offering are non-convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the public offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an OfferingOffering is commenced. If no warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of 5 years and an exercise price equal to 110% of the then market price of the Common Stock.

Appears in 1 contract

Sources: Exclusive Agency Agreement (Cancer Genetics, Inc)

Warrant Coverage. The Company shall issue to R▇▇▇▇▇ or its designees at each Closing, warrants (the “R▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 5% of the aggregate number of shares of Common Stock placed in each Offering (and if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such number of shares of Common Stock underlying such Securities or options, with the warrant issuable upon conversion of the Securities or the exercise of the option). If the Securities included in an Offering are non-convertible, the R▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The R▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the ▇such R▇▇▇▇▇ Warrants Warrant shall have an exercise price equal to 125110% of the public offering price of an per share in the applicable Offering. If no warrants are issued to investors in an Offering, the R▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to R▇▇▇▇▇, have a term of 5 years and an exercise price equal to 110% of the then market price of the Common Stock.

Appears in 1 contract

Sources: Exclusive Agency Agreement (Cel Sci Corp)

Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇ or its designees at each the Closing, warrants (the “▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 5% of the aggregate number of shares of Common Stock placed in each the Offering (and if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such number of shares of Common Stock underlying such Securities or options). If the Securities included in an the Offering are non-convertible, the ▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such the Offering divided by the then market price of the Common Stock. The ▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the such ▇▇▇▇▇▇ Warrants Warrant shall have an exercise price equal to 125% of the public offering price of an per share in the Offering. If no warrants are issued to investors in an the Offering, the ▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to the Company and to ▇▇▇▇▇▇, have a term of 5 years and an exercise price equal to 110125% of the then market price of the Common Stock.

Appears in 1 contract

Sources: Engagement Agreement (Biostage, Inc.)

Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇ or its designees at each Closing, warrants (the "▇▇▇▇▇▇ Warrants" ) to purchase that number of shares of common stock of the Company equal to 53% of the aggregate number of shares of Common Stock placed in each Offering (and if the Securities are convertible or include a "greenshoe" or "additional investment" option component, such number of shares of Common Stock underlying such Securities or options, with the warrant issuable upon conversion of the Securities or the exercise of the option). If the Securities included in an Offering are non-convertible, the ▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The ▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the such ▇▇▇▇▇▇ Warrants Warrant shall have an exercise price equal to 125% of the public offering price of an per share in the applicable Offering. If no ne warrants are issued to investors in an Offering, the ▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇, have a term of 5 years and an exercise price equal to 110125% of the then market price of the Common Stock.

Appears in 1 contract

Sources: Exclusive Agency Agreement (Aethlon Medical Inc)

Warrant Coverage. The Company shall issue to R▇▇▇▇▇ or its designees at each Closing, warrants (the “R▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 5% of the aggregate number of shares of Common Stock placed in each Offering (and if the Securities are convertible or include a “greenshoe” or “additional investment” option component, such number of shares of Common Stock underlying such Securities or options, with the warrant issuable upon conversion of the Securities or the exercise of the option). If the Securities included in an Offering are non-convertible, the R▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the then market price of the Common Stock. The R▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that the ▇such R▇▇▇▇▇ Warrants Warrant shall have an exercise price equal to 125% of the public offering price of an per share in the applicable Offering. If no warrants are issued to investors in an Offering, the R▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to the Company and to R▇▇▇▇▇, have a term of 5 years and an exercise price equal to 110125% of the then market price of the Common Stock.

Appears in 1 contract

Sources: Exclusive Agency Agreement (NeuroMetrix, Inc.)