Delivery of Exercise Shares. As soon as practicable after any exercise of this Warrant and in any event within two (2) Trading Days thereafter (such date, the “Exercise Share Delivery Date”), the Company shall, at its expense (including the payment by it of any applicable issue or stamp taxes), cause to be issued in the name of and delivered to the Holder, or as the Holder may direct, a certificate or certificates or transfer agent book-entry evidencing the number of fully paid and non-assessable shares of Common Stock (which number shall be rounded down to the nearest whole share in the event any fractional share may otherwise be issuable upon such exercise and the Company shall pay a cash adjustment to the Holder in respect of such final fraction in an amount equal to such fraction multiplied by the Exercise Price) to which the Holder shall be entitled on such exercise, in such denominations as may be requested by the Holder, which certificate or certificates or transfer agent book-entry shall be free of restrictive and trading legends (except for any such legends as may be required under the Securities Act). In lieu of delivering physical certificates for or transfer agent book-entry issuance of the shares of Common Stock issuable upon any exercise of this Warrant, provided the Warrant Shares are not restricted securities and the Company’s transfer agent is participating in the Depository Trust Company (“DTC”) Fast Automated Securities Transfer program or a similar program, upon request of the Holder, the Company shall cause its transfer agent to electronically transmit such shares of Common Stock issuable upon exercise of this Warrant to the Holder (or its designee), by crediting the account of the Holder’s (or such designee’s) broker with DTC through its Deposit Withdrawal Agent Commission system (provided that the same time periods herein as for stock certificates shall apply) as instructed by the Holder (or its designee). If the Company fails for any reason to deliver to the Holder the Warrant Shares subject to an Exercise Notice by the Warrant Share Delivery Date, the Company shall pay to the Holder, in cash, as liquidated damages and not as a penalty, for each $1,000 of Warrant Shares subject to such exercise (based on the VWAP of the Common Stock on the date of the applicable Exercise Notice), $5 per Trading Day for each Trading Day after such Warrant Share Delivery Date until such Warrant Shares are delivered or Holder rescinds such exercise. The Company agrees to maintain ...
Delivery of Exercise Shares. Exercise Shares acquired hereunder shall be delivered to the Purchaser within five (5) Business Days after any date on which this Warrant shall have been validly exercised in full or in part. Such Exercise Shares shall be in certificated form and bear an appropriate restrictive legend. The Person in whose name any Exercise Shares are to be issued upon exercise of this Warrant shall be deemed to have become the holder of record of such shares on the date on which this Warrant was validly exercised, irrespective of the date of issuance of the Shares, except that, if the date of such valid exercise is a date when the stock transfer books of the Company are closed, such person shall be deemed to have become the holder of such shares at the close of business on the next succeeding date on which the stock transfer books are open.
Delivery of Exercise Shares. The Company shall deliver to the holder __________ Exercise Shares in accordance with the terms of the Warrant. Date: _______________ __, ______ Name of Registered Holder By: Name: Title: ACKNOWLEDGMENT The Company hereby acknowledges this Exercise Notice and, if applicable, hereby directs American Stock Transfer & Trust Company to issue the above indicated number of shares of Common Stock. COLUMBIA LABORATORIES, INC. By: Name: Title: ASSIGNMENT FORM (To assign the foregoing Warrant, subject to compliance with Sections 4.3 and 8, execute this form and supply required information. Do not use this form to purchase shares.) For Value Received, the foregoing Warrant and all rights evidenced thereby are hereby assigned to Name: (Please Print) Address: (Please Print) Dated: __________, 20__ Holder’s Signature: Holder’s Address:
Delivery of Exercise Shares. The undersigned requests that the Ordinary Shares issued pursuant to the terms of Warrant and this Exercise Form to be: ☐ credited to the undersigned’s, or its designee’s, DTC account (account number: [___________]); or ☐ in case of the certificates evidencing such Ordinary Shares, delivered to the undersigned’s address at the address set forth below.
Delivery of Exercise Shares. The Company shall deliver to the Holder Exercise Shares in accordance with the terms of the Warrant.
Delivery of Exercise Shares. (a) Upon the exercise of the rights represented by this Warrant, a certificate or certificates for the Exercise Shares so purchased, registered in the name of the Holder or Xxxxxx’s designee(s), shall be issued and delivered to the Holder within a reasonable time after the rights represented by this Warrant shall have been so exercised. In the event that this Warrant is being exercised for less than all of the then-current number of Exercise Shares purchasable hereunder, the Company shall, concurrently with the issuance by the Company of the number of Exercise Shares for which this Warrant is then being exercised, issue a new Warrant exercisable for the remaining number of Exercise Shares purchasable hereunder.
Delivery of Exercise Shares. (a) The Corporation shall, by 5:00 P.M., Minneapolis, Minnesota time, on the third Business Day next succeeding the date on which the number of Exercise Shares is determined, execute, issue and deliver to the Rights Agent a number of shares of Common Stock equal to the product of (i) the Exercise Shares and (ii) the number of Rights that have then been deemed exercised as provided in Section 2.02. Upon receipt of such Common Stock, the Rights Agent shall, by 5:00 P.M. Minneapolis, Minnesota time, on the seventh Business Day next succeeding the date on which the number of Exercise Shares is determined, transmit to or upon
Delivery of Exercise Shares. The Company shall deliver to the holder Exercise Shares in accordance with the terms of the Warrant. Date: , Name of Registered Holder By: Name: Title: ACKNOWLEDGMENT The Company hereby acknowledges this Exercise Notice and, if applicable, hereby directs [Insert name of Company’s transfer agent] to issue the above indicated number of shares of Common Stock in accordance with the Transfer Agent Instructions dated , 2010 from the Company and acknowledged and agreed to by [Insert name of Company’s transfer agent]. COLUMBIA LABORATORIES, INC. By: Name: Title: ASSIGNMENT FORM (To assign the foregoing Warrant, subject to compliance with Section 4.3 of the Warrant, execute this form and supply required information. Do not use this form to purchase shares.) FOR VALUE RECEIVED, the foregoing Warrant and all rights evidenced thereby are hereby assigned to Name: (Please Print) Address: (Please Print) Dated: , 201_ Holder’s Signature: Holder’s Address: NOTE: The signature to this Assignment Form must correspond with the name as it appears on the face of the Warrant, without alteration or enlargement or any change whatever. Officers of corporations and those acting in a fiduciary or other representative capacity should file proper evidence of authority to assign the foregoing Warrant. Exhibit B FORM OF AMENDMENT NO. 1 TO CONVERTIBLE SUBORDINATED NOTE
Delivery of Exercise Shares. The Company shall deliver to the holder Exercise Shares in accordance with the terms of the Warrant. Date: , Name of Registered Holder By: Name: Title:
