Exercise, Exercise Price, Settlement and Delivery Sample Clauses
The 'Exercise, Exercise Price, Settlement and Delivery' clause defines the procedures and terms under which a party may exercise its rights under an option or similar financial instrument. It specifies how and when the option can be exercised, the price at which the underlying asset will be bought or sold (the exercise price), and the method and timing for settling the transaction and delivering the asset or payment. For example, it may outline whether settlement is physical (actual delivery of the asset) or cash-based, and detail any notice requirements for exercising the option. This clause ensures both parties understand the mechanics of exercising rights and fulfilling obligations, thereby reducing the risk of disputes and providing operational clarity.
Exercise, Exercise Price, Settlement and Delivery. (a) Subject to the provisions of this Agreement, a holder of Warrants shall have the right to purchase from the Company on any Business Day during the Exercise Period 13.671 fully paid, registered and nonassessable Shares for each Warrant, subject to adjustment in accordance with Article V hereof, at the purchase price of $14.30 per Share (the "EXERCISE PRICE"). The number and kind of Shares for which a Warrant may be exercised (the "EXERCISE RATE") shall be subject to adjustment from time to time as set forth in Article V hereof.
(b) Warrants may be exercised by (i) surrendering at any Warrant Agent Office maintained for that purpose by the Company pursuant to Section 1.9 the Warrant Certificate evidencing such Warrants with the form of election to purchase Shares set forth on the reverse side of the Warrant Certificate (the "ELECTION TO EXERCISE") duly completed and signed by the registered holder or holders thereof or by the duly appointed legal representative thereof or by a duly authorized attorney, and in the case of a transfer, such signature shall be guaranteed by an Eligible Guarantor Institution, and (ii) paying in full the Exercise Price for each such Warrant exercised and any other amounts required to be paid pursuant to Section 4.1 hereof. Each Warrant may be exercised only in whole.
(c) Simultaneously with the exercise of each Warrant, payment in full of the Exercise Price shall be made by wire transfer or certified or official bank check to be delivered to the Warrant Agent Office where the Warrant Certificate is being surrendered. Notwithstanding the foregoing sentence, a Warrant may also be exercised solely by the surrender of the Warrant, and without the payment of the Exercise Price in cash, for such number of Shares equal to the product of (i) the number of Shares for which such Warrant is exercisable with payment of the Exercise Price as of the date of exercise and (ii) the Cashless Exercise Ratio. For purposes of this Agreement, the "CASHLESS EXERCISE RATIO" shall equal a fraction, the numerator of which is the excess of the Current Market Value per Share of the Common Stock on the date of exercise (calculated as set forth in Section 5.1(n) hereof) over the Exercise Price Per Share (as defined below) as of the date of exercise and the denominator of which is the Current Market Value of the Common Stock on the date of exercise (calculated as set forth in Section 5.1(n) hereof). An exercise of a Warrant in accordance with the immediatel...
Exercise, Exercise Price, Settlement and Delivery. (a) Subject to the provisions of this Agreement, a holder of each Warrant shall have the right to purchase from the Company on or after the Effective Date (the "Exercisability Date") and on or prior to the Expiration Date one fully paid, registered and non-assessable Share, at the purchase price of $7.60 for each share purchased upon the exercise of the Warrants (the "Exercise Price"), in each case subject to adjustment in accordance with Article V hereof,.
(b) Warrants may be exercised on or after the Exercisability Date by (i) surrendering at any office or agency maintained for that purpose by the Company pursuant to Section 1.10 (each a "Warrant Exercise Office") the Warrant Certificate evidencing such Warrants with the form of election to purchase Shares set forth on the reverse side of the Warrant Certificate (the "Election to Exercise") duly completed and signed by the registered holder or holders thereof or by the duly appointed legal representative thereof or by a duly authorized attorney, and (ii) paying in full the Exercise Price for each such Warrant exercised and any other amounts required to be paid pursuant to Section 1.08(i) hereof. Each Warrant may be exercised only in whole.
(c) Simultaneously with the exercise of each Warrant, payment in full of the Exercise Price shall be made in cash or by certified or official bank check to be delivered to the office or agency where the Warrant Certificate is being surrendered. No payment or adjustment shall be made on account of any dividends on the Shares issued upon exercise of a Warrant.
(d) Upon such surrender of a Warrant Certificate and payment and collection of the Exercise Price at any Warrant Exercise Office (other than any Warrant Exercise Office that also is an office of the Warrant Agent), such Warrant Certificate and payment shall be promptly delivered to the Warrant Agent. The "Exercise Date" for a Warrant shall be the date when all of the items referred to in the first sentence of paragraphs (b) and (c) of this Section 2.02 are received by the Warrant Agent at or prior to 2:00 p.m., New York City, New York time, on a Business Day and the exercise of the Warrants will be effective as of such Exercise Date. If any items referred to in the first sentence of paragraphs (b) and (c) are received after 2:00 p.m., New York City, New York time, on a Business Day, the exercise of the Warrants to which such item relates will be effective on the next succeeding Business Day. Notwithstanding the for...
Exercise, Exercise Price, Settlement and Delivery. (a) Subject to the provisions of this Agreement, each Preference Warrant shall entitle the registered holder thereof to purchase from the Company on any Business Day during the period beginning on the Preference Exercise Date and ending at 5:00 p.m., New York City time, on the Preference Expiration Date 110 fully paid, registered and non-assessable Preference Warrant Shares (and any other securities purchasable or deliverable upon exercise of such Preference Warrant as provided in Article V), subject to adjustment in accordance with Article V hereof, at the purchase price of $10.00 for each share purchased (the "Preference Exercise Price"). The number and amount of Preference Warrant Shares issuable upon exercise of a Preference Warrant (the "Preference Exercise Rate") at the Preference Exercise Price shall be subject to adjustment from time to time as set forth in Article V hereof.
Exercise, Exercise Price, Settlement and Delivery. (a) Subject to the provisions of this Agreement, a holder of a Warrant shall have the right to purchase from the Company on or after the Exercisability Date and on or prior to the close of business on the Expiration Date the number of fully paid, registered and non-assessable shares of Common Stock specified in Section 1.01, subject to adjustment in accordance with Article V hereof, at the purchase price of $0.01 for each share purchased (the “Exercise Price”). The number of Shares for which a particular Warrant may be exercised (the “Exercise Rate”) shall be subject to adjustment from time to time as set forth in Article V hereof.
Exercise, Exercise Price, Settlement and Delivery. (a) Subject to the provisions of this Agreement, a holder of a Warrant shall have the right to purchase from the Company on or after the Exercisability Date, and on or prior to the close of business on the Expiration Date, 2.01 fully paid, registered and non-assessable shares of Common Stock (and any other securities or property purchasable or deliverable upon exercise of such Warrant as provided in Article V), subject to adjustment in accordance with Article V hereof, at the purchase price of $0.01 for each share purchased (the "EXERCISE PRICE"). The number of Shares for which a particular Warrant may be exercised (the "EXERCISE RATE") shall be subject to adjustment from time to time as set forth in Article V hereof.
Exercise, Exercise Price, Settlement and Delivery. (a) Subject to the provisions of this Agreement, each holder of a Warrant shall have the right to purchase from the Company on or after the Exercisability Date and on or prior to the close of business on the Expiration Date the number of fully paid, registered and non-assessable Warrant Shares (and any other securities or property purchasable or deliverable upon exercise of such Warrant as provided in Article V) which the holder may at the time be entitled to receive on exercise of such Warrant, subject to adjustment in accordance with Article V hereof, at the purchase price of $0.01 for each Warrant Share purchased (the "EXERCISE PRICE"). The number and amount of Warrant Shares for which a particular Warrant may be exercised (the "EXERCISE RATE") shall be subject to adjustment from time to time as set forth in Article V hereof.
Exercise, Exercise Price, Settlement and Delivery. (a) Subject to the provisions of this Agreement, after a Warrant is released from escrow in accordance with the terms and conditions of the Warrant Escrow Agreement a holder of a Warrant shall have the right to purchase from the Company on or after the date of its release and on or prior to the close of business on the Expiration Date one fully paid, registered and non-assessable share of Common Stock (and any other securities or property purchasable or deliverable upon exercise of such Warrant as provided in Article V), subject to adjustment in accordance with Article V hereof, at the purchase price of $0.01 for each share purchased (the "EXERCISE PRICE"). The number of Shares for which a particular Warrant may be exercised (the "EXERCISE RATE") shall be subject to adjustment from time to time as set forth in Article V hereof.
Exercise, Exercise Price, Settlement and Delivery. (a) Subject to the provisions of this Agreement, each Warrant shall entitle the registered holder thereof to purchase from the Company on any Business Day during the period beginning on the Exercise Date and ending at 5:00 p.m., New York City time, on the Expiration Date 1.81 fully paid, registered and non-assessable Warrant Shares (and any other securities purchasable or deliverable upon exercise of such Warrant as provided in Article V), subject to adjustment in accordance with Article V hereof, at the purchase price of $13.20 for each share purchased (the "Exercise Price"). The number and amount of Warrant Shares issuable upon exercise of a Warrant (the "Exercise Rate") at the Exercise Price shall be subject to adjustment from time to time as set forth in Article V hereof.
Exercise, Exercise Price, Settlement and Delivery. (a) Subject to the provisions of this Agreement, a holder of Warrants shall have the right to purchase from the Company on or after the occurrence of an Exercise Event (the date of the occurrence of an Exercise Event, the "EXERCISABILITY DATE") and on or prior to the close of business on the Expiration Date one (1) fully paid, registered and non-assessable Share, subject to adjustment in accordance with Article V hereof, at the purchase price of $.01 for each Warrant exercised (the "EXERCISE PRICE"). The number and kind of Shares for which a Warrant may be exercised (the "EXERCISE RATE") shall be subject to adjustment from time to time as set forth in Article V hereof.
Exercise, Exercise Price, Settlement and Delivery. (a) Subject to the provisions of this Agreement, (i) a holder of Note Warrants shall have the right to purchase from the Company on or after the Effective Date (the "Exercisability Date") and on or prior to the Expiration Date 10.0886 fully ------------------- paid, registered and non-assessable Shares, subject to adjustment in accordance with Article V hereof, at the purchase price of $.01 for each Share issuable upon exercise of a Note Warrant (the "Note Warrant Exercise Price") and (ii) a --------------------------- holder of Additional Warrants shall have the right to purchase from the Company on or after the Exercisability Date and on or prior to the Expiration Date 10.0886 fully paid, registered and non-assessable Shares, subject to adjustment in accordance with Article V hereof, at the purchase price of $.01 for each Share issuable upon exercise of an Additional Warrant (the "Additional Warrant ------------------ Exercise Price"). The term "Exercise Price" as used herein shall mean either -------------- -------------- the Note Warrant Exercise Price or the Additional Warrant Exercise Price, as applicable.