Common use of No Fractional Shares Clause in Contracts

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.

Appears in 201 contracts

Samples: Underwriting Agreement (Unusual Machines, Inc.), Luxurban Hotels Inc., Unusual Machines, Inc.

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No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the number of Warrant Shares to be issued shall be rounded down to the next whole number and the Company shall pay the Holder in cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market fair market value (based on the date of exerciseClosing Sale Price) for any such fractional shares.

Appears in 67 contracts

Samples: Exchange Agreement (CARGO Therapeutics, Inc.), Securities Purchase Agreement (iTeos Therapeutics, Inc.), Securities Purchase Agreement (OptiNose, Inc.)

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exerciseExercise Date.

Appears in 50 contracts

Samples: RoyaLand Co Ltd., CohBar, Inc., Marizyme Inc

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this a Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market Price on the date Date of exerciseExercise.

Appears in 19 contracts

Samples: Warrant Agreement, Series a Warrant Agreement, Warrant Agreement (BIND Therapeutics, Inc)

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this a Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exerciseExercise Price.

Appears in 16 contracts

Samples: Warrant Agent Agreement (Grom Social Enterprises, Inc.), Form of Warrant Agent Agreement (Grom Social Enterprises, Inc.), Form of Warrant Agent Agreement (Protagenic Therapeutics, Inc.\new)

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price Closing Price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.

Appears in 16 contracts

Samples: Common Stock and Warrant Purchase Agreement (Invicta Media Investments, LLC), Common Stock and Warrant Purchase Agreement (Invicta Media Investments, LLC), Common Stock and Warrant Purchase Agreement (iMedia Brands, Inc.)

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.

Appears in 16 contracts

Samples: Underwriting Agreement (Cerecor Inc.), Underwriting Agreement (Cerecor Inc.), Advisory Agreement (DelMar Pharmaceuticals, Inc.)

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date Date of exerciseExercise.

Appears in 14 contracts

Samples: Catasys, Inc., Catasys, Inc., Catasys, Inc.

No Fractional Shares. No fractional shares of Warrant Shares Stock will be issued in connection with any exercise of this Warrantsubscription hereunder. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price fair market value of one share of Warrant Share as reported by the applicable Trading Market Stock on the date of exercise, as determined in good faith by the Company’s Board of Directors.

Appears in 14 contracts

Samples: PhaseBio Pharmaceuticals Inc, Common Stock Warrant (Synergy CHC Corp.), Obalon Therapeutics Inc

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by on the applicable Trading Nasdaq National Market on the date of exercise.

Appears in 13 contracts

Samples: Securities Purchase Agreement (Genelabs Technologies Inc /Ca), American Technology Corp /De/, American Technology Corp /De/

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing sale price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.

Appears in 13 contracts

Samples: Emrise CORP, Emrise CORP, Emrise CORP

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by Bloomberg L.P. (or the applicable Trading Market successor to its function of reporting share prices) on the date of exercise.

Appears in 12 contracts

Samples: Valentis Inc, Valentis Inc, Valentis Inc

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing bid price of one Warrant Share as reported by on the applicable Trading Nasdaq National Market on the date of exercise.

Appears in 10 contracts

Samples: Severance, Release and Consulting Agreement (Millennium Cell Inc), Millennium Cell Inc, Millennium Cell Inc

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share share of Common Stock as reported by the applicable Trading Market on the date of exercise, or round up to the nearest whole share of Common Stock.

Appears in 9 contracts

Samples: Massimo Group (Massimo Group), Massimo Group, Massimo Group

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exerciseapplicable Exercise Date.

Appears in 9 contracts

Samples: Securities Purchase Agreement (EZTD Inc), EZTD Inc, EZTD Inc

No Fractional Shares. No fractional shares of Warrant Shares will shall be issued in connection with any upon the exercise of this Warrant. In lieu of any fractional shares share to which would, the Holder would otherwise be issuableentitled, the Company shall pay make a cash payment equal to the product of such fraction Exercise Price multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercisesuch fraction.

Appears in 8 contracts

Samples: Warrant Issuance Agreement (Leadis Technology Inc), Leadis Technology Inc, Securities Purchase Agreement (Hadron Inc)

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price VWAP of one Warrant Share as reported by the applicable shares of Common Stock for the 5 Trading Market on Day period immediately preceding the date Date of exerciseExercise.

Appears in 7 contracts

Samples: InsPro Technologies Corp, InsPro Technologies Corp, InsPro Technologies Corp

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which that would, otherwise be issuable, the number of Warrant Shares to be issued shall be rounded down to the next whole number and the Company shall pay the Holder in cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market fair market value (based on the date of exerciseClosing Sale Price) for any such fractional shares.

Appears in 7 contracts

Samples: Settlement Agreement and Mutual Release (PARETEUM Corp), Sunshine Heart, Inc., Sunshine Heart, Inc.

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price Fair Market Value of one share of Warrant Share as reported by the applicable Trading Market on the date of exerciseStock.

Appears in 6 contracts

Samples: Securities Purchase Agreement (ARYx Therapeutics, Inc.), Securities Purchase Agreement (Targeted Genetics Corp /Wa/), NeurogesX Inc

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share share of Common Stock as reported by the applicable Trading Market on the date of exercise.

Appears in 6 contracts

Samples: Shares Exercised (Digital Recorders Inc), Shares Exercised (Digital Recorders Inc), Shares Exercised (Digital Recorders Inc)

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market American Stock Exchange or such other national exchange on which the Common Stock is then traded on the date of exercise.

Appears in 6 contracts

Samples: Biosante Pharmaceuticals Inc, Biosante Pharmaceuticals Inc, Biosante Pharmaceuticals Inc

No Fractional Shares. No fractional shares of Warrant Shares Stock will be issued in connection with any exercise of this Warranthereunder. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price fair market value of one share of Warrant Share as reported by the applicable Trading Market Stock on the date of exercise, as determined in good faith by the Company’s Board of Directors.

Appears in 6 contracts

Samples: Note and Warrant Purchase Agreement (Aclarion, Inc.), Note and Warrant Purchase Agreement (Nocimed, Inc.), Preferred Stock Purchase Warrant (Upstart Holdings, Inc.)

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by on the applicable Trading Market American Stock Exchange on the date of exercise.

Appears in 6 contracts

Samples: E Digital Corp, Microislet Inc, E Digital Corp

No Fractional Shares. No fractional shares of Warrant Shares Stock will be issued in connection with any exercise of this Warranthereunder. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price fair market value of one share of Warrant Share as reported by the applicable Trading Market Stock on the date of exercise, as determined in accordance with Section 2(d)(ii) hereof.

Appears in 6 contracts

Samples: Warrant Agreement (Klaviyo, Inc.), Warrant Agreement (Klaviyo, Inc.), Warrant Agreement (Klaviyo, Inc.)

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by on the applicable Trading Market OTC, any stock exchange, market or trading facility on which the Common Stock is then listed on the date of exercise.

Appears in 6 contracts

Samples: Harrison Paul W, Sysview Technology, Inc., Syscan Imaging Inc

No Fractional Shares. No fractional shares of Warrant Shares will be -------------------- issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price Closing Price of one Warrant Share as reported by on the applicable Trading Eligible Market on the date of exercise.

Appears in 6 contracts

Samples: Questcor Pharmaceuticals Inc, Questcor Pharmaceuticals Inc, Questcor Pharmaceuticals Inc

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.

Appears in 5 contracts

Samples: Wolverine Tube Inc, Mandalay Media, Inc., Access Integrated Technologies Inc

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this any Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall shall, at its election, either pay cash equal to the product of such fraction multiplied by the closing price Closing Price of one Warrant Share as reported by the applicable Trading Market on the date of exerciseexercise or round up to the next whole share.

Appears in 5 contracts

Samples: Warrant Agreement, Form of Warrant Agreement (NXT-Id, Inc.), Purchase Agreement (Bacterin International Holdings, Inc.)

No Fractional Shares. No fractional shares of Warrant Shares will shall be issued in connection with any upon exercise of this Warrant. In lieu If upon any exercise of any fractional shares which would, otherwise be issuablethis Warrant a fraction of a share results, the Company shall will pay the Holder the difference between the cash equal value of the fractional share and the portion of the Exercise Price allocable to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercisefractional share.

Appears in 5 contracts

Samples: Amended Stock Purchase Agreement (Virco MFG Corporation), Warrant Agreement (Virco MFG Corporation), Warrant Agreement (Virco MFG Corporation)

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market trading market on the date of exerciseExercise Date.

Appears in 5 contracts

Samples: Weikang Bio-Technology Group Co., Inc., Weikang Bio-Technology Group Co., Inc., Weikang Bio-Technology Group Co., Inc.

No Fractional Shares. No fractional shares of Warrant Shares Securities will be issued in connection with any exercise of this Warrantthese Warrants. In lieu of any fractional shares shares, which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share share of Common Stock as reported by the applicable Trading Market on the date of exercise.

Appears in 5 contracts

Samples: Stock and Warrant Purchase Agreement (PharmaCyte Biotech, Inc.), Common Stock Warrant Agreement (PharmaCyte Biotech, Inc.), Common Stock Warrant Agreement (PharmaCyte Biotech, Inc.)

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market trading market on the date Exercise Date, or if there is no trading market for the Common Stock, the product of exercisesuch fraction multiplied by the then fair market value of one Warrant Share as reasonably determined by the Board of Directors of the Company.

Appears in 5 contracts

Samples: Victory Oilfield Tech, Inc., Victory Oilfield Tech, Inc., Victory Oilfield Tech, Inc.

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall shall, at its election, either pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exerciseexercise or round to the nearest whole share.

Appears in 4 contracts

Samples: Underwriters’ Warrant Agreement (Chromocell Therapeutics Corp), Underwriters’ Warrant Agreement (Chromocell Therapeutics Corp), Chromocell Therapeutics Corp

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.

Appears in 4 contracts

Samples: Stratos Renewables CORP, New Design Cabinets, Inc., New Design Cabinets, Inc.

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share the Company’s Common Stock as reported by the applicable Trading Market on the date of exerciseExercise Date.

Appears in 4 contracts

Samples: You on Demand Holdings, Inc., China Broadband Inc, China Broadband Inc

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares shares, which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing bid price of one Warrant Share as reported by the applicable Trading Market on the date AMEX National Market (or other exchange or trading medium on which Warrant Shares are than listed or quoted) on the Date of exerciseExercise.

Appears in 4 contracts

Samples: DHB Industries Inc, DHB Industries Inc, DHB Industries Inc

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall may (a) pay cash equal to the product of such fraction multiplied by the closing price Closing Price of one Warrant Share as reported by the applicable Trading Market on the date of exercise; or (b) round up the amount of any fractional share to the next highest whole number of shares.

Appears in 4 contracts

Samples: Placement Agency Agreement, Common Stock and Warrant Purchase Agreement (Pacific Grove Capital LP), Common Stock and Warrant Purchase Agreement (Monaker Group, Inc.)

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by on the applicable Trading Market on the date of exercise.

Appears in 3 contracts

Samples: American Technology Corp /De/, Smartserv Online Inc, Smartserv Online Inc

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date Date of exerciseExercise.

Appears in 3 contracts

Samples: FTE Networks, Inc., Kintera Inc, Kintera Inc

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share share of Common Stock as reported by on the applicable principal Trading Market on the date of exercise.

Appears in 3 contracts

Samples: Purchase Agreement (Microislet Inc), Microislet Inc, Microislet Inc

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market trading market on the date Exercise Date, or if there is no trading market for the Ordinary Shares, the product of exercisesuch fraction multiplied by the then fair market value of one Warrant Share as reasonably determined by the Board of Directors of the Company.

Appears in 3 contracts

Samples: Purchase Agreement (Taoping Inc.), Taoping Inc., Taoping Inc.

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date Date of exerciseExercise.

Appears in 3 contracts

Samples: Financing Agreement (Motorcar Parts America Inc), Financing Agreement (Motorcar Parts America Inc), Motorcar Parts America Inc

No Fractional Shares. No fractional shares of Warrant Shares will -------------------- be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.

Appears in 3 contracts

Samples: Zoltek Companies Inc, Zoltek Companies Inc, Zoltek Companies Inc

No Fractional Shares. No fractional shares of Warrant Shares -------------------- will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.

Appears in 3 contracts

Samples: Zoltek Companies Inc, Zoltek Companies Inc, Zoltek Companies Inc

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date principal securities exchange on which the Common Stock is traded on the Date of exerciseExercise.

Appears in 3 contracts

Samples: Sg Blocks, Inc., Sg Blocks, Inc., Smartserv Online Inc

No Fractional Shares. No fractional shares of Warrant Shares Stock will be issued in connection with any exercise of this Warrantsubscription hereunder. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price fair market value of one share of Warrant Share as reported by the applicable Trading Market Stock on the date of exercise, as determined in good faith by the Company's Board of Directors.

Appears in 3 contracts

Samples: Marketing and Distribution Agreement (Buildnet Inc), Preferred Stock Purchase Warrant Agreement (Buildnet Inc), Buildnet Inc

No Fractional Shares. No fractional shares of Warrant Shares Stock will be issued in connection with any exercise of this Warranthereunder. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price fair market value of one share of Warrant Share as reported by the applicable Trading Market Stock on the date of exercise, as determined in accordance with Section 2(d)(ii).

Appears in 2 contracts

Samples: Adoption Agreement (Affirm Holdings, Inc.), Adoption Agreement (Affirm Holdings, Inc.)

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price Fair Market Value of one Warrant Share as reported by the applicable Trading Market on the date of exerciseShare.

Appears in 2 contracts

Samples: Bellerophon Therapeutics, Inc., Caladrius Biosciences, Inc.

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this any Warrant. In lieu of any fractional shares which would, otherwise be issuable, the number of Warrant Shares to be issued shall be rounded down to the next whole number and the Company shall pay the Holder in cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market fair market value (based on the date of exerciseClosing Sale Price) for any such fractional shares.

Appears in 2 contracts

Samples: Warrant Agreement (Celator Pharmaceuticals Inc), Warrant Agreement (Celator Pharmaceuticals Inc)

No Fractional Shares. No fractional shares of Warrant Shares Stock will be issued in connection with any exercise of this Warranthereunder. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price fair market value of one share of Warrant Share as reported by the applicable Trading Market Stock on the date of exercise, as determined in the same manner as described in Section 3(c)(ii).

Appears in 2 contracts

Samples: Placement Agent Agreement (Alien Technology Corp), Placement Agent Agreement (Alien Technology Corp)

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price Closing Price of one Warrant Share Common Stock as reported by on the applicable Trading Market on the date of exercise.

Appears in 2 contracts

Samples: Arotech Corp, Arotech Corp

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the NYSE Amex or other applicable Trading Market trading market on the date of exerciseExercise Date.

Appears in 2 contracts

Samples: Antares Pharma, Inc., Antares Pharma, Inc.

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exerciseExercise Date.

Appears in 2 contracts

Samples: Loan and Security Agreement (HydroGen CORP), Loan and Security Agreement (HydroGen CORP)

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall either (a) pay cash equal to the product of such fraction multiplied by the closing price Closing Price of one Warrant Share as reported by the applicable Trading Market on the date of exercise; or (b) issue the Holder one (1) additional share of Common Stock in lieu of such fractional share.

Appears in 2 contracts

Samples: Unit Purchase Agreement (Vertex Energy Inc.), Unit Purchase Agreement (Vertex Energy Inc.)

No Fractional Shares. No fractional shares of Warrant Shares Stock will be issued in connection with any exercise of this Warranthereunder. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing purchase price per share of one Warrant Share as reported by the applicable Trading Market on the date of exerciseStock.

Appears in 2 contracts

Samples: Superior Drilling Products, Inc., Principal Solar, Inc.

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported on the over-the-counter market, as reported by the applicable Trading Market OTC Bulletin Board on the date of exercise.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Alfacell Corp), Alfacell Corp

No Fractional Shares. No Notwithstanding anything to the contrary contained herein or in any other Transaction Document, no fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, Warrant Shares that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exerciseTrading Day immediately preceding the Exercise Date.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Olympus Pacific Minerals Inc), Securities Purchase Agreement (Olympus Pacific Minerals Inc)

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercise. At the Company’s election, in lieu of any such cash payment by the Company, the aggregate Exercise Price otherwise payable by the Holder in connection with such exercise may be reduced by the amount of such cash payment.

Appears in 2 contracts

Samples: Ecotality, Inc., Ecotality, Inc.

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.

Appears in 2 contracts

Samples: Underwriting Agreement (NeuroMetrix, Inc.), NeuroMetrix, Inc.

No Fractional Shares. No N fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market trading market on the date of exercise.

Appears in 2 contracts

Samples: Investor Rights Agreement (Granite City Food & Brewery LTD), Bridge Loan Agreement (Granite City Food & Brewery LTD)

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No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share the Company’s Common Stock as reported by the applicable Trading Market on the date of exerciseExercise Date.

Appears in 2 contracts

Samples: Securities Purchase Agreement (You on Demand Holdings, Inc.), Beijing Sun Seven Stars Culture Development LTD

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exerciseExercise Date.

Appears in 2 contracts

Samples: NewLead Holdings Ltd., St. Bernard Software, Inc.

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market trading market on the date of exerciseExercise Date or round up such fractional share to a whole number.

Appears in 2 contracts

Samples: RxBids, RxBids

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market exchange or bulletin board on the date of exercise.

Appears in 1 contract

Samples: ProLink Holdings Corp.

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by on the applicable Trading Market on the date of exercise.

Appears in 1 contract

Samples: LRAD Corp

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing bid price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.

Appears in 1 contract

Samples: Utix Group Inc

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay to Holder cash equal to the product of such fraction multiplied by the closing price Closing Sale Price of one Warrant Share as reported by the applicable Trading Market on the date of exerciseShare Delivery Date.

Appears in 1 contract

Samples: LIGHTBRIDGE Corp

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the number of Warrant Shares to be issued shall be rounded down to the nearest whole number and the Company shall pay the Holder cash equal to the product of such fraction multiplied by the closing price Closing Sale Price of one Warrant Share as reported by the applicable Trading Market share of Common Stock on the date of exerciseExercise Date.

Appears in 1 contract

Samples: Cytori Therapeutics, Inc.

No Fractional Shares. No fractional shares of Warrant Shares Securities will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares shares, which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share share of Common Stock as reported by the applicable Trading Market on the date of exercise.

Appears in 1 contract

Samples: Applied Dna Sciences Inc

No Fractional Shares. No fractional shares This Warrant may not be exercised for a fraction of Warrant Shares will be issued in connection with any exercise of this Warranta share. In lieu of any issuing fractional shares which would, otherwise be issuableshares, the Company shall will pay an amount in cash equal to that fractional interest of the product then current Closing Price per share of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exerciseCommon Stock.

Appears in 1 contract

Samples: International Remote Imaging Systems Inc /De/

No Fractional Shares. No fractional shares of Warrant Shares will be -------------------- issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by on the applicable Trading Nasdaq National Market on the date of exercise.

Appears in 1 contract

Samples: Act Teleconferencing Inc

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by on the applicable principal Trading Market on the date of exercise.

Appears in 1 contract

Samples: Microislet Inc

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by on the applicable principal Trading Market on the date of exercise.

Appears in 1 contract

Samples: Microislet Inc

No Fractional Shares. No fractional shares of Warrant Ordinary Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.

Appears in 1 contract

Samples: Borqs Technologies, Inc.

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any the exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price fair market value of one Warrant Share as reported by share of the applicable Trading Market on Common Stock (if the shares are publicly traded) or the book value of one share of the Common Stock (if the shares are not publicly traded) upon the date of exercise, as determined in good faith by the Company's Board of Directors.

Appears in 1 contract

Samples: Loan Guarantee Agreement (Us Geothermal Inc)

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this a Warrant. In lieu of any fractional shares Warrant Shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market Price on the date Date of exerciseExercise.

Appears in 1 contract

Samples: Warrant Agreement (Golden Minerals Co)

No Fractional Shares. No fractional shares of Warrant Shares Stock will be issued in connection with any exercise of this Warrantsubscription hereunder. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercisePrice.

Appears in 1 contract

Samples: GeoVax Labs, Inc.

No Fractional Shares. No fractional shares of Warrant -------------------- Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing bid price of one Warrant Share as reported by on the applicable Trading Market American Stock Exchange on the date of exercise.

Appears in 1 contract

Samples: Storage Computer Corp

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price Closing Bid Price of one Warrant Share as reported by on the applicable Trading Market on the date of exerciseExercise Date.

Appears in 1 contract

Samples: Restructuring Agreement (Emisphere Technologies Inc)

No Fractional Shares. No fractional shares of Warrant -------------------- Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exercise.

Appears in 1 contract

Samples: Zoltek Companies Inc

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any upon exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price Fair Market Value of one Warrant Share as reported by the applicable Trading Market on the date of exerciseShare.

Appears in 1 contract

Samples: Mohawk Group Holdings, Inc.

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market principal securities exchange or market on which the Common Stock is listed or traded on the date Date of exerciseExercise.

Appears in 1 contract

Samples: Catasys, Inc.

No Fractional Shares. No fractional shares of Warrant Shares Stock will be issued in connection with any exercise of this Warranthereunder. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price fair market value of one share of Warrant Share as reported by the applicable Trading Market Stock received on the date of exercise, as determined in good faith by the Company's Board of Directors.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Screaming Media Com Inc)

No Fractional Shares. No fractional shares of Conditional Warrant Shares will be issued in connection with any exercise of this Conditional Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Conditional Warrant Share as reported by the applicable Trading Market on the date of exercise.

Appears in 1 contract

Samples: Organic to Go Food CORP

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing bid price of one Warrant Share as reported by on the applicable Trading Nasdaq National Market on the date of exercise.

Appears in 1 contract

Samples: I Many Inc

No Fractional Shares. No fractional shares of Warrant Shares Stock will be issued in connection with any exercise of this Warranthereunder. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price fair market value of one share of Warrant Share as reported by the applicable Trading Market Stock on the date of exercise, as determined in pursuant to Section 2(c) hereof.

Appears in 1 contract

Samples: Fusion-Io, Inc.

No Fractional Shares. No fractional shares of Warrant Shares Stock will be issued in connection with any exercise of this Warranthereunder. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price fair market value of one share of Warrant Share as reported by the applicable Trading Market Stock on the date of exercise, as determined in good faith by the Company's Board of Directors.

Appears in 1 contract

Samples: Security Agreement (Northwest Biotherapeutics Inc)

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by on the applicable Trading Nasdaq National Market on the date of exercise.

Appears in 1 contract

Samples: Cell Therapeutics Inc

No Fractional Shares. No fractional shares of Warrant Shares Stock will be -------------------- issued in connection with any exercise of this Warrantsubscription hereunder. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price fair market value of one share of Warrant Share as reported by the applicable Trading Market Stock on the date of exercise, as determined in good faith by the Company's Board of Directors.

Appears in 1 contract

Samples: Haht Commerce Inc

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exerciseExercise Date or round up such fractional share to a whole number.

Appears in 1 contract

Samples: Sen Yu International Holdings, Inc.

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading NASDAQ Global Market or such other national exchange on which the Common Stock is then traded on the date of exercise.

Appears in 1 contract

Samples: Biosante Pharmaceuticals Inc

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by Bloomberg L.P. (or the applicable Trading Market successor to its function of reporting share prices) on the date of exercise.

Appears in 1 contract

Samples: Note Purchase Agreement (Hollywood Media Corp)

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this a Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall shall, at its election, either pay cash equal to the product of such fraction multiplied by the closing price Exercise Price or round up to the next whole share of one Warrant Share as reported by the applicable Trading Market on the date of exerciseCommon Stock.

Appears in 1 contract

Samples: Warrant Agent Agreement (NutriBand Inc.)

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market OTC Bulletin Board® or such other automated quotation system or national exchange on which the date of exerciseCommon Stock is then traded.

Appears in 1 contract

Samples: Shares Exercised (Akorn Inc)

No Fractional Shares. No fractional shares of Warrant Shares will be ---------------------- issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share Common Stock as reported by on the applicable Trading Market on the date of exercise.

Appears in 1 contract

Samples: Electric Fuel Corp

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, Warrant Shares that would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by the applicable Trading Market on the date of exerciseExercise Date.

Appears in 1 contract

Samples: Securities Purchase Agreement (Olympus Pacific Minerals Inc)

No Fractional Shares. No fractional shares of Warrant Shares Securities will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share share of Common Stock as reported by the applicable Trading Market on the date of exercise.

Appears in 1 contract

Samples: Applied Dna Sciences Inc

No Fractional Shares. .. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, would otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price Fair Market Value of one Warrant Share as reported by the applicable Trading Market on the date of exerciseShare.

Appears in 1 contract

Samples: Puissance Cross-Border Opportunities III LLC

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares which would, otherwise be issuable, the Company shall pay cash equal to the product of such fraction multiplied by the closing price of one Warrant Share as reported by on the applicable Trading Eligible Market on the date of exercise.

Appears in 1 contract

Samples: Number of Warrant Shares Available (Avi Biopharma Inc)

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