Fractional Interest. The Company shall not be required to issue fractions of Warrant Shares upon the exercise of this Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 9, be deliverable upon such exercise, the Company, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder an amount in cash equal to the Market Price of such fractional share of Common Stock on the date of exercise.
Appears in 26 contracts
Sources: Note and Warrant Purchase Agreement, Note and Warrant Purchase Agreement (CareView Communications Inc), Purchase Agreement (Bakers Footwear Group Inc)
Fractional Interest. The Company shall not be required to issue fractions of Warrant Shares upon the exercise of this Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 9, be deliverable upon such exercise, the Company, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder holder of this Warrant an amount in cash equal to the Market Price of such fractional share of Common Stock on the date of exercise.
Appears in 17 contracts
Sources: Warrant Agreement (Odetics Inc), Stock Exchange Agreement (Tarantella Inc), Warrant Agreement (Adept Technology Inc)
Fractional Interest. The Company shall not be required to issue fractions of Warrant Shares upon the exercise of this the Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 9, be deliverable delivered upon such exercise, the Company, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder holder of this Warrant an amount in cash equal to the current Market Price of such fractional share of Common Stock on the date of exerciseStock.
Appears in 8 contracts
Sources: Warrant Agreement (Vertical Communications, Inc.), Warrant Agreement (Vertical Communications, Inc.), Warrant Agreement (Vertical Communications, Inc.)
Fractional Interest. The Company shall not be required to issue fractions of Warrant Shares upon the exercise of this Warrant. If any fractional share of Common Stock Warrant Shares would, except for the provisions of the first sentence of this Section 9, be deliverable upon such exercise, the Company, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder holder of this Warrant an amount in cash equal to the Market Price Value of such fractional share of Common Stock Warrant Shares on the date of exercise.
Appears in 8 contracts
Sources: Warrant Agreement (Worthington Energy, Inc.), Warrant Agreement (Worthington Energy, Inc.), Warrant Agreement (Worthington Energy, Inc.)
Fractional Interest. The Company Corporation shall not be required to issue fractions of Warrant Shares upon the exercise of this the Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 9, be deliverable delivered upon such exercise, the CompanyCorporation, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder holder of this Warrant an amount in cash equal to the current Fair Market Price Value of such fractional share of Common Stock on (rounded up to the date of exercisenearest one cent).
Appears in 6 contracts
Sources: Registration Rights Agreement (Trustcash Holdings, Inc.), Registration Rights Agreement (Celsius Holdings, Inc.), Merger Agreement (Celsius Holdings, Inc.)
Fractional Interest. The Company shall not be required to issue fractions of Warrant Shares upon the exercise of this the Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 9, be deliverable delivered upon such exercise, the Company, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder holder of this Warrant an amount in cash equal to the current Fair Market Price Value of such fractional share of Common Stock on the date of exerciseStock.
Appears in 5 contracts
Sources: Warrant Agreement (Visionics Corp), Warrant Agreement (Identix Inc), Purchase Agreement (Visionics Corp)
Fractional Interest. The Company shall not be required to issue fractions of Warrant Shares upon the exercise of this Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 910, be deliverable upon such exercise, the Company, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder holder of this Warrant an amount in cash equal to the Market Price of such fractional share of Common Stock on the date of exercise.
Appears in 5 contracts
Sources: Warrant Agreement (Odetics Inc), Warrant Agreement (Odetics Inc), Warrant Agreement (Odetics Inc)
Fractional Interest. The Company shall not be required to issue fractions of Warrant Shares upon the exercise of this Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 910, be deliverable upon such exercise, the Company, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder an amount in cash equal to the Market Price of such fractional share of Common Stock on the date of exercise.
Appears in 4 contracts
Sources: Warrant Agreement (Five Oaks Investment Corp.), Warrant Agreement (Five Oaks Investment Corp.), Warrant Agreement (Airguide, Inc.)
Fractional Interest. The Company shall not be required to issue fractions of Warrant Shares upon the exercise of this Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 97, be deliverable upon such exercise, the Company, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder an amount in cash equal to the Market Price of such fractional share of Common Stock on the date of exercise.
Appears in 3 contracts
Sources: Warrant Agreement (Canyon Resources Corp), Warrant Agreement (Canyon Resources Corp), Warrant Agreement (Canyon Resources Corp)
Fractional Interest. The Company Corporation shall not be required to issue fractions of Warrant Shares upon the exercise of this the Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 9, be deliverable delivered upon such exercise, the CompanyCorporation, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder holder of this Warrant an amount in cash equal to the current Fair Market Price Value of such fractional share of Common Stock on the date of exerciseStock.
Appears in 3 contracts
Sources: Registration Rights Agreement (Platinum Research Organization, Inc.), Registration Rights Agreement (Platinum Research Organization, Inc.), Warrant Purchase Agreement (Platinum Research Organization, Inc.)
Fractional Interest. The Company shall not be required to issue fractions of Warrant Shares upon the exercise of this Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 9, be deliverable upon such exercise, the Company, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder an amount in cash equal to the Market Price (determined in accordance with Section 3(b)) of such fractional share of Common Stock on the date of exercise.
Appears in 3 contracts
Sources: Security Agreement (Dthera Sciences), Security Agreement (Dthera Sciences), Securities Purchase Agreement (Summer Energy Holdings Inc)
Fractional Interest. The Company Corporation shall not be required to issue fractions of Warrant Shares upon the exercise of this Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 9, be deliverable upon such exercise, the CompanyCorporation, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder holder of this Warrant an amount in cash equal to the Market Price of such fractional share of Common Stock on the date of exercise.
Appears in 3 contracts
Sources: Warrant Agreement (Glycogenesys Inc), Warrant Agreement (Aerogen Inc), Warrant Agreement (Biotechnology Value Fund L P)
Fractional Interest. The Company shall not be required to issue fractions of Warrant Shares upon the exercise of this Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 9, be deliverable upon such exercise, the Company, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder Holder an amount in cash equal to the Market Price of such fractional share of Common Stock on the date of exercise.
Appears in 3 contracts
Sources: Warrant Agreement (Precision Optics Corporation, Inc.), Warrant Agreement (Capstone Turbine Corp), Warrant Agreement (Langer Inc)
Fractional Interest. The Company shall not be required to issue fractions of Warrant Shares upon the exercise of this Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 98, be deliverable upon such exercise, the Company, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder an amount in cash equal to the Market Price of such fractional share of Common Stock on the date of exercise.
Appears in 2 contracts
Sources: Warrant Agreement (Canyon Resources Corp), Warrant Agreement (Canyon Resources Corp)
Fractional Interest. The Company shall not be required to issue fractions of Warrant Shares upon the exercise of this Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 9, be deliverable upon such exercise, the Company, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder an amount in cash equal to the Market Price fair market value of such fractional share of Common Stock on the date of exercise.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Opexa Therapeutics, Inc.), Purchase Agreement (LOCAL.COM)
Fractional Interest. The Company shall not be required to issue fractions of Warrant Shares upon the exercise of this Warrant. If any fractional share fraction of Common Stock an Ordinary Shares would, except for the provisions of the first sentence of this Section 9, be deliverable upon such exercise, the Company, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder an amount in cash equal to the Market Price of such fractional share of Common Stock Ordinary Share on the date of exercise.
Appears in 2 contracts
Sources: Subscription Agreement (Viryanet LTD), Purchase Agreement (Viryanet LTD)
Fractional Interest. The Company shall not be required to issue fractions of Warrant Shares upon the exercise of this the Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 9, be deliverable delivered upon such exercise, the Company, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder holder of this Warrant an amount in cash equal to the Market Price Value of such fractional share of Common Stock on the date of exercise.
Appears in 1 contract
Sources: Warrant Agreement (Audible Inc)
Fractional Interest. The Company shall not be required to issue fractions of Warrant Shares upon the exercise of this Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 9, be deliverable upon such exercise, the Company, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder Warrant Holder an amount in cash equal to the Market Price (determined in accordance with Section 3(b)) of such fractional share of Common Stock on the date of exercise.
Appears in 1 contract
Fractional Interest. The Company shall not be required to issue fractions of Warrant Shares upon the exercise of this Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 9, be deliverable upon such exercise, the Company, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder an amount in cash equal to the Market Price fair market value as determined by the Board of Directors of the Company of such fractional share of Common Stock on the date of exercise.
Appears in 1 contract
Fractional Interest. The Company shall not be required to issue fractions of Warrant Shares upon the exercise of this Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 9, be deliverable upon such exercise, the Company, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder an amount in cash equal to the Market Price VWAP of such fractional share of Common Stock on the date of exercise.
Appears in 1 contract
Sources: Warrant Agreement (Ceelox Inc.)
Fractional Interest. The Company shall not be required to issue fractions of Warrant Shares upon the exercise of this Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 912, be deliverable upon such exercise, then the Company, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder an amount in cash equal to the Market Price of such fractional share of Common Stock on the date of exercise.
Appears in 1 contract
Sources: Securities Purchase Agreement (Wabash National Corp /De)
Fractional Interest. The Company Corporation shall not be required to issue fractions of Warrant Shares upon the exercise of this the Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 9, be deliverable delivered upon such exercise, the CompanyCorporation, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder holder of this Warrant an amount in cash equal to the current Market Price of such fractional share of Common Stock on (rounded up to the date nearest one cent). However, the Corporation is not required to issue a payment of exerciseless than $1 (one dollar).
Appears in 1 contract
Fractional Interest. The Company shall not be required to issue fractions of Warrant Shares upon the exercise of this the Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 9, be deliverable delivered upon such exercise, the Company, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder holder of this Warrant an amount in cash equal to the Fair Market Price Value of such fractional share of Common Stock on the date of exercise.
Appears in 1 contract
Sources: Warrant Agreement (Worldwater Corp)
Fractional Interest. The Company As Seen On TV, Inc. shall not be required to issue fractions of Warrant Shares upon the exercise of this Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 95, be deliverable upon such exercise, the Company, in lieu of delivering such fractional share, shall may pay to the exercising Warrantholder an amount in cash equal to the Market Price of such fractional share of Common Stock on the date of exercise.
Appears in 1 contract
Fractional Interest. The Company shall not be required to issue fractions of Warrant Shares upon the exercise of this Warrant. If any fractional share of Common Stock Shares would, except for the provisions of the first sentence of this Section 9, be deliverable upon such exercise, the Company, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder holder of this Warrant an amount in cash equal to the Market Price Value of such fractional share of Common Stock on the date of exercise.
Appears in 1 contract
Sources: Warrant Agreement (Kogeto, Inc.)
Fractional Interest. The Company shall not be required to issue fractions of Warrant Shares upon the exercise of this Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 9, be deliverable upon such exercise, the Company, in lieu of delivering such fractional share, shall pay to the exercising Warrantholder an amount in cash equal to the Market Price (determined in accordance with Section 3(c)) of such fractional share of Common Stock on the date of exercise.
Appears in 1 contract
Fractional Interest. The Company shall not be required to issue fractions of Warrant Shares upon the exercise of this Warrant. If any fractional share of Common Stock would, except for the provisions of the first sentence of this Section 98, be deliverable upon such exercise, the Company, in lieu of delivering such fractional share, shall may pay to the exercising Warrantholder an amount in cash equal to the Market Price of such fractional share of Common Stock on the date of exercise.
Appears in 1 contract
Fractional Interest. The Company shall not be required to issue fractions fractional shares of Warrant Shares upon Common Stock on the exercise of this Warrant. If any fractional fraction of a share of Common Stock would, except for the provisions of the first sentence of this Section 92(b), be deliverable upon such exerciseissuable on the exercise of the Warrant, the Company, in lieu of delivering such fractional share, Company shall pay to the exercising Warrantholder an amount in cash calculated by it to be equal to the Market Price then fair value of such fractional one share of Common Stock on Stock, as determined by the date Board of exerciseDirectors of the company in good faith, multiplied by such fraction computed to the nearest whole cent.
Appears in 1 contract
Sources: Distribution and Marketing Agreement (Planvista Corp)