Common use of No Fractional Shares or Scrip Clause in Contracts

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of issuance of a fractional share upon any exercise hereunder, the Company will either round up to nearest whole number of shares or pay the cash value of that fractional share, which cash value shall be calculated on the basis of the average closing price of the Common Stock during the five (5) Trading Days immediately preceding the date of exercise.

Appears in 19 contracts

Samples: Subscription Agreement (Moxian, Inc.), Credit Agreement (Abtech Holdings, Inc.), Credit Agreement (Abtech Holdings, Inc.)

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No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of issuance of a fractional share upon any exercise hereunder, the Company will either round up to nearest whole number of shares or pay the cash value of that fractional share, which cash value shall be calculated on the basis of the average closing price of the Common Stock during the five (5) Trading Days immediately preceding the date of exerciseFair Market Value.

Appears in 4 contracts

Samples: Nuvel Holdings, Inc., Nuvel Holdings, Inc., Harmony Metals, Inc.

No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the any exercise of this Warrant. In lieu of issuance of a any fractional share upon any exercise hereunderShare to which the Warrantholder would otherwise be entitled, the Company will either round up to nearest whole number of shares or pay the cash value of that fractional share, which cash value Warrantholder shall be calculated on entitled to receive a cash payment equal to the basis of the average closing price Market Price of the Common Stock during on the five (5) Trading Days immediately last trading day preceding the date of exerciseexercise less the Exercise Price for such fractional share; provided, however, that the Corporation may, at its option, round up to the nearest whole share of Common Stock in lieu of any cash payment.

Appears in 2 contracts

Samples: Securities Purchase Agreement (PostRock Energy Corp), Securities Purchase Agreement (PostRock Energy Corp)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this WarrantOption. In lieu of issuance of a fractional share upon any exercise hereunder, the Company will either round up to nearest whole number of shares or pay the cash value of that fractional share, which cash value shall be share calculated on the basis of the average closing price of the Common Stock during the five Fair Market Value (5) Trading Days immediately preceding the date of exerciseas defined below).

Appears in 1 contract

Samples: Option Agreement (Microware Systems Corp)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of issuance of a fractional share upon any exercise hereunder, the Company will either round up to nearest whole number of shares or pay the cash value of that fractional share, which cash value shall be calculated on the basis of the average closing price of the Common Preferred Stock during the five (5) Trading Days immediately preceding the date of exercise.

Appears in 1 contract

Samples: Registration Rights Agreement (iCURIE, INC.)

No Fractional Shares or Scrip. No fractional shares Shares or scrip representing fractional shares Shares shall be issued upon the any exercise of this Warrant. In lieu of issuance of a any fractional share upon any exercise hereunderShare to which the Warrantholder would otherwise be entitled, the Company will either round up to nearest whole number of shares or pay the cash value of that fractional share, which cash value Warrantholder shall be calculated entitled to receive a cash payment equal to the Market Price on the basis of the average closing price of the Common Stock during the five (5) Trading Days immediately last trading day preceding the date of exerciseexercise less the Exercise Price for such fractional share; provided, however, that the Corporation may, at its option, round up to the nearest whole share of Common Stock in lieu of any cash payment.

Appears in 1 contract

Samples: Securities Purchase Agreement (Emerald Oil, Inc.)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of issuance of a fractional share upon any exercise hereunder, the Company will either round up to nearest whole number of shares or pay the cash value of that fractional share, which cash value shall be calculated on the basis of the average closing price of the Common _______ Stock during the five (5) Trading Days immediately preceding the date of exercise.

Appears in 1 contract

Samples: Common Stock Warrant Agreement (iCURIE, INC.)

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No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of issuance of a fractional share upon any exercise hereunder, the Company Company, in its sole discretion, will either round up to nearest whole number of shares or pay the cash value of that fractional share, which cash value shall be calculated on the basis of the average closing price of the Common Stock during the five (5) Trading Days immediately preceding the date of exercise.

Appears in 1 contract

Samples: Execution Copy (Elite Pharmaceuticals Inc /De/)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of issuance of a fractional share upon any exercise hereunder, the Company at its option will either round up to nearest whole number of shares or pay the cash value of that fractional share, which cash value shall be share calculated on the basis of the average closing price of the Common Stock during the five Fair Market Value (5) Trading Days immediately preceding the date of exerciseas defined below).

Appears in 1 contract

Samples: Purchase Agreement (Microware Systems Corp)

No Fractional Shares or Scrip. No fractional shares or scrip representing fractional shares shall be issued upon the exercise of this Warrant. In lieu of issuance of a fractional share upon any exercise hereunder, the Company will either round up to nearest whole number of shares or pay the cash value of that fractional share, which cash value shall be calculated on the basis of the average closing price of the Common Stock during the five (5) Trading Days immediately preceding the date of exercise.

Appears in 1 contract

Samples: Warrant And (Vistula Communications Services, Inc.)

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