Exercise of This Warrant Clause Samples
The "Exercise of This Warrant" clause defines the process by which the warrant holder can convert their warrant into shares of the company. It typically outlines the steps required to exercise the warrant, such as submitting a written notice and payment of the exercise price, and may specify timeframes or conditions under which the warrant can be exercised. This clause ensures that both parties understand the procedure for exercising the warrant, thereby providing clarity and reducing the risk of disputes regarding the conversion of warrants into equity.
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Exercise of This Warrant. (a) This Warrant may be exercised at any time after the date of this Warrant and before the close of business on the Expiration Date, by the surrender of this Warrant and the Notice of Exercise annexed hereto at the principal executive office of the Company (or such other office or agency of the Company as it may designate by notice in writing to the Holder at the address of the Holder appearing on the books of the Company), and upon payment of the Exercise Price of the Shares thereby purchased (by cash or by check or bank draft payable to the order of the Company in an amount equal to the total Exercise Price of the Shares thereby purchased); whereupon the Holder shall be entitled to receive a certificate for the number of Shares so purchased. The Company agrees that if at the time of the surrender of this Warrant and purchase of the Shares, the Holder shall be entitled to exercise this Warrant, the Shares so purchased shall be issued to Holder as the record owner of such Shares as of the close of business on the date on which this Warrant shall have been exercised in accordance with this Warrant.
(b) Certificates for Shares purchased hereunder shall be delivered to the Holder within a reasonable time after the date on which this Warrant shall have been exercised in accordance with this Warrant.
(c) The Company covenants that all Shares which may be issued upon the exercise of this Warrant will, upon exercise of the rights represented by this Warrant, be fully paid and non-assessable and free from all taxes, liens and charges in respect of the issue thereof (other than taxes in respect of any transfer occurring contemporaneously with such issue).
Exercise of This Warrant. (a) Upon surrender of this Warrant with the Form of Election to Purchase attached hereto duly completed and signed to the Company, at its address set forth in this Agreement, and upon payment and delivery of the Exercise Price multiplied by the number of shares of the Common Stock that the Holder intends to purchase hereunder, in lawful money of the United States of America, in cash or by certified or official bank check or checks, to the Company, all as specified by the Holder in the Form of Election to Purchase, the Company shall promptly but in no event later than five business days after the Date of Exercise (as defined herein) issue or cause to be issued and delivered to or upon the written order of the Holder and in such name or names as the Holder may designate (subject to the restrictions on transfer described in the legend set forth on the face of this Warrant), a certificate for the shares of the Common Stock issuable upon such exercise, with such restrictive legend as required by the Securities Act. Any person so designated by the Holder to receive the shares of the Common Stock shall be deemed to have become holder of record of the Common Stock as of the Date of Exercise of this Warrant.
Exercise of This Warrant. The Holder, upon notice to the Company, may increase or decrease the Beneficial Ownership Limitation provisions of this Section 2(e), provided that the Beneficial Ownership Limitation in no event exceeds 9.99% of the number of shares of the Common Stock outstanding immediately after giving effect to the issuance of shares of Common Stock upon exercise of this Warrant held by the Holder and the provisions of this Section 2(e) shall continue to apply. Any increase in the Beneficial Ownership Limitation will not be effective until the 61st day after such notice is delivered to the Company. The provisions of this paragraph shall be construed and implemented in a manner otherwise than in strict conformity with the terms of this Section 2(e) to correct this paragraph (or any portion hereof) which may be defective or inconsistent with the intended Beneficial Ownership Limitation herein contained or to make changes or supplements necessary or desirable to properly give effect to such limitation. The limitations contained in this paragraph shall apply to a successor holder of this Warrant.
Exercise of This Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company of a duly executed facsimile copy of the Notice of Exercise Form annexed hereto (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of such Holder appearing on the books of the Company) and the payment of the aggregate principal amount of the Debenture thereby purchased by wire transfer or cashier's check drawn on a United States bank. Upon exercise of the Warrant, the Company shall issue a Debenture with a principal amount equal to 25% of the initial principal amount of such Holder's Series A Debenture, as issued pursuant to the Purchase Agreement and the Warrant to purchase a number of shares of Common Stock equal to 35% of the shares of Common Stock issuable upon conversion of such Debenture.
Exercise of This Warrant. (a) Subject to the terms of this Warrant, this Warrant may be exercised at any time in whole and from time to time in part, at the option of the Holder, on or after the Initial Exercise Date and on or prior to the end of the Exercise Period. This Warrant shall initially be exercisable in whole or in part for that number of fully paid and nonassessable shares of Common Stock as indicated on the first page of this Warrant, for an exercise price per share equal to the Exercise Price, by delivery to the Warrant Agent, or at such other place as is designated in writing by the Company, of:
(i) a completed and duly executed Exercise Notice, in the form set forth in Exhibit A-1 for Warrants held through the Depository Trust Company (the “DTC”) or on the form set forth in Exhibit A-2 for Warrants not held through the DTC, executed by the Holder exercising all or part of the purchase rights represented by this Warrant;
(ii) this Warrant (unless the Warrant was issued in book-entry form); and
(iii) subject to Section 1(c) below, payment of an amount equal to the product of the Exercise Price multiplied by the number of shares of Common Stock being purchased upon such exercise in the form of, at the Holder’s option, (A) a certified or bank cashier’s check payable to the Company, or (B) a wire transfer of funds to an account designated by the Company.
(b) As used herein:
Exercise of This Warrant. This Warrant may be exercised from time to time as to the total number of shares that may then be issuable upon the exercise thereof or any portion thereof in the manner and subject to the limitations provided for in Paragraph 1 hereof.
Exercise of This Warrant. (a) Subject to the terms of this Warrant, this Warrant may be exercised at any time in whole and from time to time in part, at the option of the Holder, on or after the Initial Exercise Date and on or prior to the end of the Exercise Period. This Warrant shall initially be exercisable in whole or in part for that number of fully paid and nonassessable shares of Common Stock as indicated on the first page of this Warrant, for an exercise price per share equal to the Exercise Price, by delivery to the Company at its office at 14▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at such other place as is designated in writing by the Company, of:
(i) a completed Election to Purchase, in the form set forth in Exhibit A, executed by the Holder exercising all or part of the purchase rights represented by this Warrant;
(ii) this Warrant; and
(iii) subject to Section 1(c) below, payment of an amount equal to the product of the Exercise Price multiplied by the number of shares of Common Stock being purchased upon such exercise in the form of, at the Holder’s option, (A) a certified or bank cashier’s check payable to the Company, or (B) a wire transfer of funds to an account designated by the Company.
(b) As used herein:
Exercise of This Warrant. Subject to the following sentence, in each Qualifying Offering, the Holder may, through exercise of all or part of this Warrant, purchase the number of Warrant Securities offered in connection therewith in an amount up to the amount of the Commitment specified in the Credit Facility Agreement, whether or not the Company has actually borrowed the full amount and regardless of whether any amounts actually borrowed have been paid in full or remain outstanding (the "Commitment Amount"), divided by the price per share of the Warrant Securities issued in such offering. The maximum aggregate number of Warrant Securities that may be purchased upon exercise of the Warrant shall be limited to the number of shares issuable upon payment of an aggregate Exercise Price (as defined below) in an amount equal to the Commitment Amount. The issuance of Warrant Securities hereunder shall be subject to the terms of the applicable Qualifying Offerings. In connection therewith, Holder shall execute and deliver, in addition to the Subscription Form described below, any joinder agreement, subscription agreement or other documents or instruments with respect to the Qualifying Offering reasonably requested by the Company. If any Qualifying Offering is not consummated pursuant to the terms thereof and shares or not issued to the Holder hereunder, the applicable exercise hereof shall be deemed void and the Company shall promptly return any exercise price paid in connection with such exercise without deduction.
Exercise of This Warrant. This Warrant may be exercised at any time and from time to time prior to expiration. In order to exercise this Warrant in whole or in part, the registered
Exercise of This Warrant. (a) Subject to the terms of this Warrant, this Warrant may be exercised at any time in whole and from time to time in part, at the option of the Holder, on or after the date this Warrant is issued and on or prior to the earlier of: (x) the date that is forty-five (45) days after the Company’s first public announcement that the U.S. Food and Drug Administration has accepted the Company’s Special Protocol Assessment relating to the additional clinical data needed for regulatory approval of cethromycin in the treatment of community acquired bacterial pneumonia; and (y) December 31, 2010 (the “Exercise Period”). This Warrant shall initially be exercisable in whole or in part for that number of Units as indicated on the first page of this Warrant, for an exercise price per Unit equal to the Exercise Price, by delivery to the Company at its office at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, or at such other place as is designated in writing by the Company, of:
(i) a completed Election to Purchase, in the form set forth in Exhibit B, executed by the Holder exercising all or part of the purchase rights represented by this Warrant;
(ii) this Warrant; and
(iii) subject to Section 1(c) below, payment of an amount equal to the product of the Exercise Price multiplied by the number of Units being purchased upon such exercise in the form of, at the Holder’s option, (A) a certified or bank cashier’s check payable to the Company, or (B) a wire transfer of funds to an account designated by the Company.
(b) As used herein: