Common use of Net Issue Election Clause in Contracts

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the Company, with the net issue election notice annexed hereto duly executed, at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Stock as is computed using the following formula:

Appears in 21 contracts

Samples: Loan and Security Agreement (Kior Inc), Loan and Security Agreement (Kior Inc), Preferred Stock Purchase Warrant (Kythera Biopharmaceuticals Inc)

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Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Common Stock equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the Company, with the net issue election notice annexed hereto duly executed, at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Common Stock as is computed using the following formula:

Appears in 6 contracts

Samples: Loan and Security Agreement (ARYx Therapeutics, Inc.), Loan and Security Agreement (Codexis Inc), Rights Agreement (Zipcar Inc)

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the Company, with the net issue election notice annexed hereto duly executed, at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Stock as is computed computer using the following formula:: Y (A - B) X = --------- A

Appears in 2 contracts

Samples: Rigel Pharmaceuticals Inc, Rigel Pharmaceuticals Inc

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the Company, with the net issue election notice annexed hereto duly executed, at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Stock as is computed using the following formula:: Zoosk, Inc. Warrant

Appears in 2 contracts

Samples: Preferred Stock Warrant Agreement (Zoosk, Inc), Zoosk, Inc

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the Company, with the net issue election notice annexed hereto duly executed, at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Stock as is computed using the following formula:: Y (A-B) ------ X= A

Appears in 2 contracts

Samples: Rigel Pharmaceuticals Inc, Rigel Pharmaceuticals Inc

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock Shares equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the Company, with the net issue election notice annexed hereto duly executed, at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Stock Shares as is computed using the following formula:

Appears in 2 contracts

Samples: Secured Promissory Note (Enerkem Inc.), Enerkem Inc.

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value of this Common Stock Warrant or any portion hereof by the surrender of this Common Stock Warrant or such portion to the Company, with the net issue election notice annexed hereto duly executed, at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Common Stock as is computed using the following formula:: X = Y (A-B) where

Appears in 1 contract

Samples: Voxware Inc

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Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the CompanyCompany (the “Net Exercise”), with the net issue election notice annexed hereto initialed in the Warrant Exercise Form duly executed, at the principal office of the Company. Thereupon, the Company shall will issue to the Holder such number of fully paid and nonassessable shares of Preferred Common Stock of the Company as is computed using the following formula:

Appears in 1 contract

Samples: Kempharm, Inc

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value (as determined below) of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the Company, with the net issue election notice annexed hereto duly executed, at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Common Stock as is computed using the following formula: X = Y (A-B) ------- A where:

Appears in 1 contract

Samples: Websense Inc

Net Issue Election. The Holder may elect to receive, without the payment by the Holder of any additional consideration, shares of Preferred Stock equal to the value of this Warrant or any portion hereof by the surrender of this Warrant or such portion to the Company, with the net issue election notice annexed hereto duly executed, at the principal office of the Company. Thereupon, the Company shall issue to the Holder such number of fully paid and nonassessable shares of Preferred Common Stock as is computed using the following formula:: where

Appears in 1 contract

Samples: Echo Therapeutics, Inc.

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