Exercise Prior to Expiration. To the extent this Warrant is not, as of the Expiration Date, previously exercised as to all the Warrant Shares subject hereto, and if the fair market value per share of Class A Common Stock on the Expiration Date is greater than the applicable Exercise Price then in effect, this Warrant shall be deemed automatically exercised, on a Net Issuance basis, pursuant to Section 3(a) (even if not surrendered) on such Expiration Date. For purposes of such automatic exercise, the Closing Market Price per share of the Class A Common Stock on the date of such expiration shall be used when calculating the Net Issuance amount in accordance with Section 3(a). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify Warrantholder of the number of Warrant Shares, if any, Warrantholder is to receive by reason of such automatic exercise.
Appears in 25 contracts
Sources: Warrant Agreement (Kior Inc), Warrant Agreement (Kior Inc), Warrant Agreement (Kior Inc)
Exercise Prior to Expiration. To the extent this Warrant is not, as of the Expiration Date, previously exercised as to all the Warrant Shares subject hereto, and if the fair market value per share of Class A Common Stock on the Expiration Date is greater than the applicable Exercise Price then in effect, this Warrant shall be deemed automatically exercised, on a Net Issuance basis, pursuant to Section 3(a) (even if not surrendered) on such Expiration Date. For purposes of such automatic exercise, the Closing Market Price per share of the Class A Common Stock on the date of such expiration shall be used when calculating the Net New Issuance amount Amoutn in accordance with Section 3(a). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify Warrantholder of the number of Warrant Shares, if any, Warrantholder is to receive by reason of such automatic exercise.
Appears in 5 contracts
Sources: Warrant Agreement (Kior Inc), Warrant Agreement (Kior Inc), Warrant Agreement (Kior Inc)
Exercise Prior to Expiration. To the extent that the Warrantholder has not exercised its purchase rights under this Warrant is not, as of the Expiration Date, previously exercised as to all the Warrant Shares Common Stock subject hereto, and if the fair market value per of one (1) share of Class A the Common Stock on the Expiration Date is greater than the applicable Exercise Price then in effect, this Warrant shall be deemed automatically exercised, on a exercised pursuant to the Net Issuance basis, pursuant to method set forth in Section 3(a) (even if not surrendered) on such Expiration Dateas of the date immediately prior to the date of expiration of the Warrant Term. For purposes of such automatic exercise, the Closing Market Price per fair market value of one (1) share of the Class A Common Stock on upon such automatic exercise shall be determined as of the date immediately prior to the date of such expiration shall be used when calculating of the Net Issuance amount in accordance with Warrant Term pursuant to Section 3(a). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify the Warrantholder of the number of Warrant Sharesshares of Common Stock, if any, the Warrantholder is to receive by reason of such automatic exercise.
Appears in 1 contract
Exercise Prior to Expiration. To the extent this Warrant is not, as of the Expiration Date, previously exercised as to all the Warrant Shares subject hereto, and if the fair market value per share of Class A Common Stock on the Expiration Date is greater than the applicable Exercise Price then in effect, this Warrant shall be deemed automatically exercised, on a Net Issuance basis, pursuant to Section 3(a) (even if not surrendered) on such Expiration Date. For purposes of such automatic exercise, the Closing Market Price per share of the Class A Common Stock on the date of such expiration shall be used when calculating the Net New Issuance amount Amount in accordance with Section 3(a). To the extent this Warrant or any portion thereof is deemed automatically exercised pursuant to this Section 3(b), the Company agrees to promptly notify Warrantholder of the number of Warrant Shares, if any, Warrantholder is to receive by reason of such automatic exercise.
Appears in 1 contract
Sources: Warrant Agreement (Kior Inc)