Manner of Exercise; Payment of the Purchase Price. (a) This Warrant may be exercised by the Holder, in whole or in part, at any time or from time to time on and after the date hereof and prior to the Expiration Date, by surrendering to the Company at its principal office (or such other office or agency of the Company as the Company may designate in a written notice to the Holder) this Warrant, together with the form of Election to Purchase Shares attached hereto as Exhibit A (or a reasonable facsimile thereof) duly executed by the Holder (and if the Holder at the time of such exercise is not Baystar International, Ltd. or Baystar Capital, L.P. or one of their respective affiliates, such Holder shall have its signature guaranteed by an eligible guarantor institution that is a member of a recognized medallion signature guarantee program), and accompanied by payment of the Purchase Price as described below for the number of shares of Common Stock specified in such form. (b) Payment of the Purchase Price may be made in United States currency by cash or delivery of a certified check or bank draft payable to the order of the Company or by wire transfer to the account of the Company.
Appears in 2 contracts
Sources: Warrant Agreement (Lasersight Inc /De), Warrant Agreement (Lasersight Inc /De)