Examples of Original Warrant Shares in a sentence
No further approval or authorization of any stockholder, the Board of Directors or others is required for the amendment of the Original Warrants and the issuance and sale of the Additional Warrants, the Original Warrant Shares or the Additional Warrant Shares.
As of the date hereof, the Company has reserved and the Company shall continue to reserve and keep available at all times, free of preemptive rights, a sufficient number of shares of Common Stock for the purpose of enabling the Company to issue the Original Warrant Shares and the Additional Warrant Shares pursuant to any exercise of the Original Warrants or the Additional Warrants, as applicable.
The Company shall honor exercises of the Original Warrants and the Additional Warrants and shall deliver the Original Warrant Shares and the Additional Warrant Shares in accordance with the terms, conditions and time periods set forth in the Original Warrants or the Additional Warrants, as applicable.
The Original Warrant Shares and the Additional Warrant Shares, when issued in accordance with the Original Warrants or the Additional Warrants, as applicable, will be validly issued, fully paid and nonassessable, free and clear of all Liens imposed by the Company, other than restrictions on transfer provided for hereunder.
On or before June 19, 2001, the Company will issue to the Purchaser a Warrant to purchase up to 3,384,629 shares (representing, in the aggregate, 4.50% of the Fully Diluted Common Stock of the Company as of June 20, 2001, subject to adjustment as provided therein) (the "Original Warrant Shares") of the Company's Common Stock exercisable at $0.01 per share (the "Warrant"), which Warrant will be substantially in the form of the Warrant attached hereto as EXHIBIT B.
The Registration Statement shall contain substantially similar “Plan of Distribution” disclosure as that included in the resale registration statement for the Original Warrant Shares.
Within three (3) Trading Days of the Closing Date, the Company shall deliver to the Holder (i) a New Warrant to purchase up to a number of shares of Common Stock equal to one half of the number of Exercised Shares (the “New Warrant Shares” and, together with the Original Warrant Shares, the “Warrant Shares”) and (ii) a replacement of the Original Warrant representing the balance, if any, of the Original Warrant Shares less the Exercised Shares.
The Original Warrant Shares underlying the Original Warrant are registered for resale by the Holder on an effective registration statement on Form S-1, File No. 333-218679 and the Company knows of no reason why such registration statement shall not remain available for the resale of such Original Warrant Shares for the foreseeable future.
Subject to the terms and conditions of this Agreement, the Company hereby reprices the Original Warrant held by the Holder, such that the exercise price per share of common stock is $1.50 as to all Original Warrant Shares.
At any time, and from time to time, on or prior to the first anniversary of the Closing Date, the Company may, by written notice to the holder and payment of the repurchase price, repurchase from the holder hereof up to 75% of the Original Warrant Shares (as adjusted pursuant to ARTICLE IV) at a price of $11.25 per Issuable Warrant Share (as adjusted pursuant to ARTICLE IV).