Common use of Issuance of Shares of Common Stock on Exercise Clause in Contracts

Issuance of Shares of Common Stock on Exercise. As soon as practicable after the exercise of this Warrant and the clearance of the funds in payment of the Warrant Price (if payment is pursuant to Section 2.3.1(a)), the Company shall issue to the Holder of this Warrant a book-entry position or certificate, as applicable, for the number of full shares of Common Stock to which he, she or it is entitled, registered in such name or names as may be directed by him, her or it, and if this Warrant shall not have been exercised in full, a new countersigned Warrant for the number of shares as to which this Warrant shall not have been exercised. Subject to Section 3.6 of this Agreement, the Holder of this Warrant may exercise this Warrant only for a whole number of shares of Common Stock. In no event will the Company be required to net cash settle the Warrant exercise. If, by reason of any exercise of warrants on a “cashless basis”, the Holder would be entitled, upon the exercise of this Warrant, to receive a fractional interest in a share of Common Stock, the Company shall round down to the nearest whole number, the number of shares of Common Stock to be issued to the Holder.

Appears in 3 contracts

Samples: Purple Innovation, Inc., Purple Innovation, Inc., Purple Innovation, Inc.

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Issuance of Shares of Common Stock on Exercise. As soon as practicable after the exercise of this any Warrant and the clearance of the funds in payment of the Warrant Price (if payment is pursuant to Section 2.3.1(a)any), the Company shall issue to the Registered Holder of this such Warrant a book-entry position certificate or certificate, as applicable, certificates for the number of full shares of Common Stock Shares to which he, she or it he is entitled, registered in such name or names as may be directed by him, her or it, and if this such Warrant shall not have been exercised in full, a new countersigned Warrant for the number of shares as to which this such Warrant shall not have been exercised. Subject to Section 3.6 of this AgreementNotwithstanding the foregoing, the Holder of this Warrant may exercise this Warrant only for a whole number of shares of Common Stock. In in no event will the Company be required to net cash settle the Warrant exercise. Warrants may not be exercised by, or securities issued to, any Registered Holder in any state in which such exercise would be unlawful. If, by reason of any exercise of warrants Warrants on a “cashless basis”, the Holder holder of any Warrant would be entitled, upon the exercise of this such Warrant, to receive a fractional interest in a share of Common Stock, the Company shall round down to the nearest whole number, the number of shares of Common Stock to be issued to the Holdersuch holder.

Appears in 3 contracts

Samples: Warrant Agreement (UTXO Acquisition Inc.), Warrant Agreement (UTXO Acquisition Inc.), Warrant Agreement (UTXO Acquisition Inc.)

Issuance of Shares of Common Stock on Exercise. As soon as practicable Within the earlier of (i) two Trading Days and (ii) the number of Trading Days comprising the standard settlement period for equity trades effected by U.S. broker-dealers after the exercise of this Warrant and the clearance of the funds in payment of the Warrant Price (if payment is pursuant to Section 2.3.1(a)) (such period, the “Delivery Period”), the Company shall issue to the Holder of this Warrant a book-entry position or certificate, as applicable, for the number of full shares of Common Stock to which he, she or it is entitled, registered in such name or names as may be directed by him, her or it, and if this Warrant shall not have been exercised in full, a new countersigned Warrant for the number of shares as to which this Warrant shall not have been exercised. Subject to Section 3.6 3.8 of this Agreement, the Holder of this Warrant may exercise this Warrant only for a whole number of shares of Common Stock. In no event will the Company be required to net cash settle the Warrant exercise. If, by reason of any exercise of warrants on a “cashless basis” in accordance with Section 2.3.1(b), the Holder would be entitled, upon the exercise of this Warrant, to receive a fractional interest in a share of Common Stock, the Company shall round down to the nearest whole number, the number of shares of Common Stock to be issued to the Holder.

Appears in 2 contracts

Samples: Lazydays Holdings, Inc., Lazydays Holdings, Inc.

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Issuance of Shares of Common Stock on Exercise. As soon as practicable Within the earlier of (i) two Trading Days and (ii) the number of Trading Days comprising the standard settlement period for equity trades effected by U.S. broker-dealers after the exercise of this Warrant and the clearance of the funds in payment of the Warrant Price (if payment is pursuant to Section 2.3.1(a)) (such period, the “Delivery Period”), the Company shall issue to the Holder of this Warrant a book-entry position or certificate, as applicable, for the number of full shares of Common Stock to which he, she or it is entitled, registered in such name or names as may be directed by him, her or it, and if this Warrant shall not have been exercised in full, a new countersigned Warrant for the number of shares as to which this Warrant shall not have been exercised. Subject to Section 3.6 3.8 of this Agreement, the Holder of this Warrant may exercise this Warrant only for a whole number of shares of Common Stock. In no event will the Company be required to net cash settle the Warrant exercise. If, by reason of any exercise of warrants on a “cashless basis”, the Holder would be entitled, upon the exercise of this Warrant, to receive a fractional interest in a share of Common Stock, the Company shall round down to the nearest whole number, the number of shares of Common Stock to be issued to the Holder.

Appears in 1 contract

Samples: Purple Innovation, Inc.

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