Common use of Agreement to Exercise Clause in Contracts

Agreement to Exercise. Not less than 11 and not more than 15 Business Days following the Expiration Date, and upon the terms and subject to the conditions set forth in this Agreement, each Investor, severally and not jointly, shall exercise, for cash, a portion of the Series A and the Series B Warrants owned by it necessary to purchase, in the aggregate, the Aggregate Agreed Upon Number of Shares plus the Exercise Price Shares, and the Company shall issue such number of shares of Common Stock upon such exercise to each such Investor. Such exercise shall first be made of the Series A Warrants and then of the Series B Warrants.

Appears in 2 contracts

Sources: Backstop Agreement (Warburg Pincus LLC), Backstop Agreement (Avaya Inc)