Common use of Call Provision Clause in Contracts

Call Provision. Notwithstanding any other provision contained herein to the contrary, in the event that (i) the closing bid price of a share of Common Stock as traded on Nasdaq (or such other exchange, stock market or quotation service on which the Common Stock may then be primarily listed or quoted) equals or exceeds $1.25 (appropriately adjusted for any stock split, reverse stock split, stock dividend or other reclassification or combination of the Common Stock occurring after the date hereof) for twenty (20) consecutive trading days; or (ii) holders of at least 50% of the aggregate Warrant shares of this series elect to voluntarily exercise or convert such Warrant share to common stock pursuant to the procedures set forth in Section 3, the Company, upon thirty (30) days prior written notice (the "Notice Period") given to the Warrantholder immediately following such twenty (20) trading day period, may demand that the Warrantholder exercise its rights hereunder, and the Warrantholder must exercise its rights prior to the expiration of the Notice Period or if such exercise is not made or if only a partial exercise is made, any and all rights to further exercise rights hereunder shall cease upon the expiration of the Notice Period; provided, however, that the Company simultaneously calls all Warrants of this series on the same terms.

Appears in 2 contracts

Samples: Northwest Biotherapeutics Inc, Northwest Biotherapeutics Inc

AutoNDA by SimpleDocs

Call Provision. Notwithstanding any other provision contained herein to the contrary, in the event that (i) the closing bid price of a share of Common Stock as traded on the Nasdaq National Market (or such other exchange, exchange or stock market or quotation service on which the Common Stock may then be primarily listed or quoted) equals or exceeds $1.25 1.50 (appropriately adjusted for any stock split, reverse stock split, stock dividend or other reclassification or combination of the Common Stock occurring after the date hereof) for twenty (20) consecutive trading days; sessions and all of the shares of Common Stock issuable hereunder either (i) are registered pursuant to an effective Registration Statement (as defined in the Registration Rights Agreement) which is available for sales of such shares of Common Stock or (ii) holders of at least 50% of no longer constitute Registrable Securities (as defined in the aggregate Warrant shares of this series elect to voluntarily exercise or convert such Warrant share to common stock pursuant to the procedures set forth in Section 3Registration Rights Agreement), the Company, upon thirty ten (3010) days prior written notice (the "Notice Period") given to the Warrantholder immediately , following such twenty (20) trading day period, to the Warrantholder, may demand that the Warrantholder exercise its rights hereunder, hereunder to purchase shares of Common Stock and the Warrantholder must exercise its rights prior to the expiration of the Notice Period or if such exercise is not made or if only a partial exercise is made, any and all rights to further exercise rights to acquire shares of Common Stock hereunder shall cease upon the expiration of the Notice Period; provided, however, that the Company simultaneously calls all Warrants of this series on the same terms.

Appears in 1 contract

Samples: Ion Networks Inc

Call Provision. Notwithstanding any other provision contained herein in this Warrant to the contrary, in the event that (i) if at any time following one year after issuance of this Warrant, the closing bid price of a per share of Common Stock as traded on the Nasdaq (or such other exchange, exchange or stock market or quotation service on which the Common Stock may then be primarily listed or quoted) equals or exceeds $1.25 5.00 (appropriately adjusted for any stock split, reverse stock split, stock dividend or other reclassification or combination of the Common Stock occurring after the date hereof) for twenty (20) consecutive trading days; or (ii) holders of at least 50% of the aggregate Warrant shares of this series elect to voluntarily exercise or convert such Warrant share to common stock pursuant to the procedures set forth in Section 3, the Company, upon thirty (30) days prior written notice (the "Notice Period"”) (and the written notice will specify the date of the end of the Notice Period) given to the Warrantholder Holder within one business day immediately following the end of such twenty (20) trading day period, may demand call this Warrant, in whole but not in part, at a redemption price equal to $0.01 per share of Common Stock then purchasable pursuant to this Warrant; provided that the Warrantholder exercise its rights hereunder, and the Warrantholder must exercise its rights prior to the expiration of the Notice Period or if such exercise is not made or if only a partial exercise is made, any and all rights to further exercise rights hereunder shall cease upon the expiration of the Notice Period; provided, however, that (i) the Company simultaneously calls all Warrants of this series issued on the same termsterms as this Warrant, and (ii) this Warrant is fully exercisable for the full amount of Exercise Shares covered hereby. Notwithstanding any such notice by the Company, the Holder shall have the right to exercise this Warrant prior to the end of the Notice Period.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Turnpoint Medical Devices, Inc.)

AutoNDA by SimpleDocs

Call Provision. Notwithstanding any other provision contained herein to the contrary, in (a) In the event that (i) the closing bid price of a share of Common Stock as traded on Nasdaq the Over-the-Counter Bulletin Board (or such other exchange, exchange or stock market or quotation service on which the Common Stock may then be primarily listed or quoted) equals or exceeds $1.25 200% of the Warrant Price then in effect (appropriately adjusted for any stock split, reverse stock split, stock dividend or other reclassification or combination of the Common Stock occurring after the date hereof) for twenty (20) consecutive trading days; or (ii) holders of at least 50% of during which the aggregate Warrant shares of this series elect to voluntarily exercise or convert such Warrant share to common stock Common Stock initially issued pursuant to the procedures set forth in Section 3Offering have been tradable under the exemption provided by Rule 144 for at least (1) one year (the “Trading Condition”), the Company, upon thirty sixty (3060) days prior written notice (the "Notice Period") given to the Warrantholder immediately following such twenty (20) trading day periodWarrantholder, may demand call this Warrant at a redemption price equal to $0.01 per share of Common Stock then purchasable pursuant to this Warrant; provided that the Warrantholder exercise its rights hereunder, and the Warrantholder must exercise its rights prior to the expiration of the Notice Period or if such exercise is not made or if only a partial exercise is made, any and all rights to further exercise rights hereunder shall cease upon the expiration of the Notice Period; provided, however, that (i) the Company simultaneously calls all of the Series B Warrants of this series on the same terms, and (ii) this Warrant is fully exercisable for the full amount of Warrant Shares covered hereby. Notwithstanding any such notice by the Company, the Warrantholder shall have the right to exercise all, but not less than all, of this Warrant prior to the end of the Notice Period.

Appears in 1 contract

Samples: Nextfit, Inc.

Time is Money Join Law Insider Premium to draft better contracts faster.