Common use of Net Issue Exercise Clause in Contracts

Net Issue Exercise. (a) In addition to and without limiting the rights of the Holder under the terms hereof, the Holder may elect to receive Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election in which event the Company shall issue to the Holder a number of Shares computed using the following formula:

Appears in 3 contracts

Sources: Warrant Agreement (Rockdale Resources Corp), Warrant Agreement (Rockdale Resources Corp), Warrant Agreement (Rockdale Resources Corp)

Net Issue Exercise. (a) In addition to and without limiting the rights lieu of the Holder under the terms hereofexercising this Warrant, the Holder may elect to receive Warrant Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election election, in which event the Company shall issue to the Holder a the number of Warrant Shares computed using the following formula:

Appears in 3 contracts

Sources: Common Stock Purchase Warrant (JAMESON STANFORD RESOURCES Corp), Common Stock Purchase Warrant (JAMESON STANFORD RESOURCES Corp), Convertible Promissory Note (JAMESON STANFORD RESOURCES Corp)

Net Issue Exercise. (a) In addition lieu of exercising this Warrant pursuant to and without limiting the rights of the Holder under the terms hereofSection 3(a), the Holder may elect to receive Shares shares equal to the value of this Warrant (or the of any portion thereof being canceledremaining unexercised) by surrender of this Warrant at the principal office of the Company together with notice of such election election, in which event the Company shall issue to Holder the Holder a number of Shares shares of the Company’s Series C-2 Preferred Stock computed using the following formula:

Appears in 2 contracts

Sources: Warrant Agreement (Achillion Pharmaceuticals Inc), Master Security Agreement (Achillion Pharmaceuticals Inc)

Net Issue Exercise. (a1) In addition to and without limiting the rights lieu of the Holder under the terms hereofexercising this Warrant, the Holder holder may elect to receive Shares shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election in which event the Company shall issue to the Holder a holder that number of Shares shares of the Company's Series B Preferred Stock computed using the following formula:: X = Y(A-B) ------ A Where

Appears in 2 contracts

Sources: Warrant Agreement (Commerx Inc), Warrant Agreement (Commerx Inc)

Net Issue Exercise. (a) In addition to and without limiting the rights lieu of the Holder under the terms hereofexercising this Warrant for cash, the Holder ------------------ holder may elect to receive Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election in which event the Company shall issue to the Holder a that number of Shares computed using the following formula:: X= Y(A-B) A ------ Where

Appears in 2 contracts

Sources: Warrant Agreement (Quiznos Corp), Warrant Agreement (Quiznos Corp)

Net Issue Exercise. (a) In addition to and without limiting the rights lieu of the Holder under the terms hereofexercising this Warrant, the Holder holder may elect to receive Shares shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election in which event the Company shall issue to the Holder holder a number of Shares shares of the Company's Preferred Stock computed using the following formula: X=Y(A-B) ------ A Where:

Appears in 2 contracts

Sources: Warrant Agreement (Paradigm Genetics Inc), Warrant Agreement (Paradigm Genetics Inc)

Net Issue Exercise. (a1) In addition to and without limiting the rights lieu of the Holder under the terms hereofexercising this Warrant, the Holder holder may elect to receive Shares shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election in which event the Company shall issue to the Holder a holder that number of Shares shares of the Company's Series B Preferred Stock computed using the following formula:: X =Y(A-B) ------ A Where

Appears in 2 contracts

Sources: Warrant Agreement (Commerx Inc), Warrant Agreement (Commerx Inc)

Net Issue Exercise. (a) In addition to and without limiting the rights lieu of the Holder under the terms hereofexercising this Warrant, the Holder holder may elect to receive Shares shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election in which event the Company shall issue to the Holder a number of Shares shares of the Company's Preferred Stock computed using the following formula:

Appears in 2 contracts

Sources: Warrant Agreement (Ribogene Inc / Ca/), Warrant Agreement (Ribogene Inc / Ca/)

Net Issue Exercise. (ai) In addition to and without limiting lieu of exercising this Warrant in the rights of the Holder under the terms hereofmanner provided above in Section 2(a), the Holder may elect to receive Shares shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election on the purchase/exercise form appended hereto as Exhibit A duly executed by such Holder or such Holder’s duly authorized attorney, in which event the Company shall issue to the such Holder a number of Shares shares of Warrant Stock computed using the following formula:

Appears in 1 contract

Sources: Convertible Note and Warrant Purchase Agreement (Mechanical Technology Inc)

Net Issue Exercise. (a) In addition to and without limiting the rights lieu of the Holder under the terms hereofexercising this Warrant, the Holder holder may elect to receive Shares shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election in which event the Company shall issue to the Holder a number of Shares shares of the Company's Preferred Stock computed using the following formula:: X= Y(A-B) A

Appears in 1 contract

Sources: Warrant Agreement (Epix Medical Inc)

Net Issue Exercise. (a) a. In addition to and without limiting lieu of exercising this Warrant in the rights of the Holder under the terms hereofmanner provided above in Section 3.1, the Holder may elect to receive Shares shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election in which event the Company shall issue to the such Holder a number of Warrant Shares computed using the following formula: A Where:

Appears in 1 contract

Sources: Warrant Agreement (Titan Machinery Inc.)

Net Issue Exercise. (a) In addition to and without limiting the rights of the Holder under the terms hereof, the The Holder may elect to receive a number of Shares equal to the value of this Warrant (or the of any portion thereof of this Warrant being canceled) by surrender of this Warrant at the principal office of the Company (or such other office or agency as the Company may designate) together with notice a properly completed and executed Notice of Exercise reflecting such election election, in which event the Company shall issue to the Holder a that number of Shares computed using the following formula: Where:

Appears in 1 contract

Sources: Warrant Agreement (Q Holdings, Inc.)

Net Issue Exercise. (a) In addition lieu of exercising this Warrant pursuant to and without limiting the rights of the Holder under the terms hereofSection 3(a), the Holder may elect to receive Shares shares equal to the value of this Warrant (or the of any portion thereof being canceledremaining unexercised) by surrender of this Warrant at the principal office of the Company together with notice of such election election, in which event the Company shall issue to Holder the Holder a number of Shares shares of the Company’s Preferred Stock computed using the following formula:;

Appears in 1 contract

Sources: Warrant Agreement (Avalon Pharmaceuticals Inc)

Net Issue Exercise. (a) In addition lieu of exercising this Warrant pursuant to and without limiting the rights of the Holder under the terms hereofSection 1.1, the Holder holder may elect to receive Shares shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election election, in which event the Company shall issue to the Holder holder a number of Shares shares of the Company's Common Stock computed using the following formula: Where:

Appears in 1 contract

Sources: Warrant Agreement (Traffic.com, Inc.)

Net Issue Exercise. (a) In addition to and without limiting the rights lieu of the Holder under the terms hereofexercising this Warrant with cash, the Holder may elect to receive Shares shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of surrendering this Warrant at the principal office of the Company together with notice of such election election, in which event the Company shall issue to the Holder a number of Shares shares of common stock computed using the following formula: X = Y (A-B) ------- A where:

Appears in 1 contract

Sources: Warrant Agreement (Critical Path Inc)

Net Issue Exercise. (a) In addition The Holder may exercise this Warrant by electing on one or more occasions, at any time prior to and without limiting the rights expiration of the Holder under the terms hereofTerm, the Holder may elect to receive Warrant Shares equal to the value of issuable in accordance with this Warrant (or the portion thereof being canceledcancelled) by surrender of this Warrant at the principal office of the Company together with notice of such election election, in which event the Company shall issue to the Holder a number of Warrant Shares computed using the following formula:

Appears in 1 contract

Sources: Investment Agreement (Expedia Group, Inc.)

Net Issue Exercise. (a) In addition to and without limiting the rights lieu of the Holder under the terms hereofexercising this Warrant, the Holder holder may elect to receive Shares shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election in which event the Company shall issue to the Holder a number of Shares shares of the Company's Series C Convertible Preferred Stock computed using the following formula:

Appears in 1 contract

Sources: Warrant Agreement (Online Resources & Communications Corp)

Net Issue Exercise. (a) In addition to and without limiting the rights lieu of the Holder under the terms hereofexercising this Warrant, the Holder may elect to receive Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election election, in which event the Company shall issue to the Holder a number of Warrant Shares computed using the following formula:

Appears in 1 contract

Sources: Loan Agreement (Slinger Bag Inc.)

Net Issue Exercise. (a) In addition lieu of exercising this Warrant pursuant to and without limiting the rights of the Holder under the terms hereofSection 2.1, the Holder may elect to receive Shares shares of Stock equal to the value of the portion of this Warrant (or the portion thereof being canceled) exercised by surrender of this Warrant at the principal office of the Company together with notice of such election election, in which event the Company shall issue to the Holder a number of Shares shares of Stock computed using the following formula: X = Y (A-B) ------- A Where:

Appears in 1 contract

Sources: Warrant Agreement (Marketaxess Holdings Inc)

Net Issue Exercise. (ai) In addition in lieu of exercising this Warrant pursuant to and without limiting the rights of the Holder under the terms hereofSection 1(a), the Holder may elect to receive Shares shares equal to the value of this Warrant (or the portion thereof being canceledcancelled) by surrender of this Warrant at the principal office of the Company together with notice of such election election, in which event the Company shall issue to the Holder a number of Shares shares of the Company’s Common Stock computed using the following formula:

Appears in 1 contract

Sources: Warrant Agreement (Photoworks Inc /Wa)

Net Issue Exercise. (a) In addition lieu of exercising this Warrant pursuant to and without limiting the rights of the Holder under the terms hereofSection 3(a), the Holder may elect to receive Shares shares equal to the value of this Warrant (or the of any portion thereof being canceledremaining unexercised) by surrender of this Warrant at the principal office of the Company together with notice of such election election, in which event the Company shall issue to Holder the Holder a number of Shares shares of the Company’s Preferred Stock computed using the following formula:

Appears in 1 contract

Sources: Warrant Agreement (Avalon Pharmaceuticals Inc)

Net Issue Exercise. (a) In addition to and without limiting the rights lieu of the Holder under the terms hereofexercising this Warrant, the Holder holder may elect to receive Shares shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election in which event the Company shall issue to the Holder holder a number of Shares shares of the Company's Common Stock computed using the following formula: X=Y(A-B) ------ A Where:

Appears in 1 contract

Sources: Warrant Agreement (Paradigm Genetics Inc)

Net Issue Exercise. (a) 1.2.1. In addition to and without limiting lieu of exercising this Warrant in the rights of the Holder under the terms hereofmanner provided in Section ‎1.1 above, the Holder may elect to receive Warrant Shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company or at such other office or agency as the Company may designate, together with notice the Notice of such election Exercise in the form attached hereto, duly completed and executed by the Holder, in which event the Company shall issue to the Holder a the number of Warrant Shares computed using the following formula:

Appears in 1 contract

Sources: Securities Agreement (Retalix LTD)

Net Issue Exercise. (a) In addition to and without limiting the rights lieu of the Holder under the terms hereofexercising this Warrant with cash, the ------------------ Holder may elect to receive Shares shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of surrendering this Warrant at the principal office of the Company together with notice of such election election, in which event the Company shall issue to the Holder a number of Shares shares of common stock computed using the following formula: X = Y (A-B) ------- A where:

Appears in 1 contract

Sources: Warrant Agreement (Linkshare Corp)

Net Issue Exercise. (a) In addition to and without limiting the rights of the Holder under the terms hereof, the Holder may also elect to receive Shares shares equal to the value of this Warrant (or the of any portion thereof being canceledremaining unexercised) by surrender of this Warrant at the principal office of the Company together with notice of such election election, in which event the Company shall issue to Holder the Holder a number of Shares shares of the Company’s Preferred Stock computed using the following formula:

Appears in 1 contract

Sources: Warrant Agreement (Portola Pharmaceuticals Inc)

Net Issue Exercise. (ai) In addition to and without limiting lieu of exercising this Warrant in the rights of the Holder under the terms hereofmanner provided above in clause 7(a), the Holder holder may elect to receive Shares shares equal to the value of this Warrant (or the portion thereof being canceled) by surrender of this Warrant at the principal office of the Company together with notice of such election in which event the Company shall issue to the Holder holder a number of Shares computed using the following formula: X = Y(A-B) Where:

Appears in 1 contract

Sources: Warrant Agreement (Aptera Motors Corp)

Net Issue Exercise. (a) In addition to and without limiting the rights of the Holder under the terms hereof, the Holder may also elect to receive Shares equal to the value of this Warrant (or the of any portion thereof being canceledremaining unexercised) by surrender of this Warrant at the principal office of the Company together with notice of such election election, in which event the Company shall issue to Holder the Holder a number of Shares computed using the following formula: X = Y (A-B) ------- A Where:

Appears in 1 contract

Sources: Warrant Agreement (Amicus Therapeutics Inc)

Net Issue Exercise. (a) In addition to and without limiting the rights lieu of the Holder under the terms hereofexercising this Option, the Holder ------------------ may elect to receive Shares equal to the value of this Warrant Option (or the portion thereof being canceled) by surrender of this Warrant Option at the principal office of the Company together with notice of such election election, in which event the Company shall issue to the Holder a number of Shares computed using the following formula:

Appears in 1 contract

Sources: Employment Agreement (Emachines Inc /De/)