Common use of Issuance of New Warrant Clause in Contracts

Issuance of New Warrant. On the Initial Closing Date following the Initial Exercise of the Original Warrant pursuant to Section 1.1(a) above, Company shall deliver to Holder the New Warrant to purchase .75 of a share for each whole share exercised by Holder in the Initial Exercise. As a condition to the issuance of the New Warrant, Holder shall enter into (a) a Lock-Up Agreement in the form attached hereto as Exhibit B and (b) a Support Agreement in the form attached hereto as Exhibit C. On each Subsequent Closing Date following each Subsequent Exercise of the Original Warrant pursuant to Section 1.1(b) above, Company shall deliver to Holder an amended and restated New Warrant to purchase .75 of a share for each whole share exercised by Holder in the Initial Exercise and all Subsequent Exercises. Each amended and restated New Warrant shall supersede in all respects any previously issued New Warrant and shall not extend the maturity date of the New Warrant.

Appears in 2 contracts

Sources: Warrant Exercise Agreement (Alphatec Holdings, Inc.), Warrant Exercise Agreement