Exercise Price of Warrants. The Exercise Price (as defined in the warrant issued to the Investor pursuant to the Investment Agreement (the "Warrant")) of the Warrant is hereby amended so that the Exercise Price at any time is equal to the Lowest Issue Price. Subject to the foregoing amendment, the foregoing conversion price otherwise remains subject to adjustment as provided in Section 4 of the Warrant.
Exercise Price of Warrants. The per share exercise price of the Warrants shall be the average per share price of the Company’s common stock for the five trading days preceding the Closing Date.
Exercise Price of Warrants. The exercise price per share of the Warrants shall be $20.00, subject to equitable adjustment for stock splits, reclassifications, exchanges, reorganizations, mergers, extraordinary dividends of cash or securities and other customary events. Cashless Exercise: Cashless exercise at the option of the Holder.
Exercise Price of Warrants. (a) The registered holder of any Warrant Certificate may exercise the Warrants evidenced thereby, in whole or in part and in accordance with the provisions of Section 9, at any time after the date of this Agreement, upon surrender of the Warrant Certificate with the form of election to purchase on the reverse side thereof duly executed, to the Warrant Agent at the Warrant Agent Office, together with payment of the purchase price for each share of Common Stock as to which the Warrants are exercised, at or prior to 5:00 p.m. (New York City time) on the earlier to occur of (i) the tenth anniversary date of the date of this Agreement or (ii) the date on which all obligations of the Company and the Subsidiary Guarantors under the Indenture and the Senior Notes are satisfied in full (such earlier date, the “Expiration Date”), at which time all rights evidenced by the Warrant Certificates shall cease and the Warrants shall become void.
Exercise Price of Warrants. The Exercise Price per Warrant is €8.81.
Exercise Price of Warrants. The Exercise Price (as defined in the warrant issued to the Investor pursuant to the Investment Agreement (the "Warrant")) of the Warrant is hereby amended so that the Exercise Price at any time is equal to the
Exercise Price of Warrants. The exercise price for each warrant -------------------------- issued hereunder shall be equal to the closing price of the Company's Common Stock on the Nasdaq National Market on the Calculation Date.
Exercise Price of Warrants. (a) The registered holder of any Series A
Exercise Price of Warrants. Upon the issuance of the New Notes or the Financing Warrants, or the consummation of the Amendments, the exercise price of the Warrants shall be reduced from $ $.12 to $.09 per share.
Exercise Price of Warrants. Subject to the adjustments specified herein, the exercise price per Warrant that must be paid by the Registered Holder thereof (as hereinafter defined) in order to purchase and receive one share of the Common Stock shall be equal to the higher of (i) the Fair Market Value of a share of the Common Stock as of the date of grant of the Warrant to the Employee (the "GRANT DATE") and (ii) either (A) in the case of the initial Warrants, $5.75, or (B) in the case of all other Warrants, Maxcor's best estimation of the book value per share of Common Stock as of the applicable Grant Date. For purposes hereof, "FAIR MARKET VALUE" per share as of a particular date shall mean (x) if the shares of Common Stock are then listed on a national securities exchange, the closing sales price per share of Common Stock on the national securities exchange on which the Common Stock is principally traded for the last preceding trading day on which there was a sale of such Common Stock on such exchange, or (y) if the shares of Common Stock are then traded in an over-the-counter market, the average of the closing bid and asked prices for the shares of Common Stock in such market for the last preceding trading day on which there was a sale of such Common Stock in such market, or (z) if the shares of Common Stock are not then listed on a national securities exchange or traded in an over-the-counter market, such value as the Board of Directors of MAXF, in its good faith and reasonable discretion, shall determine. The Bankers each agree that they will not, directly or indirectly, effect or cause to be effected, and will receive a representation to similar effect from any Employee who is receiving a grant of Warrants hereunder, transactions in the Common Stock (or derivatives thereof) either on, or at any time in the last five trading days preceding, the trading day referenced above in clauses (x) and (y) that is used for determining Fair Market Value.
