No Fractional Shares or Scrip. No fractional Shares or scrip representing fractional Shares shall be issued upon the exercise of this Warrant. In lieu of any fractional Share to which the Holder as the holder would otherwise be entitled, the Holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value for such fractional Share above the Exercise Price for such fractional share (as determined in good faith be the Company) or (ii) a whole Share if the Holder tenders the Exercise Price for one whole share.
Appears in 5 contracts
Sources: Warrant Agreement (Universal Automotive Industries Inc /De/), Warrant Amendment (Universal Automotive Industries Inc /De/), Warrant Agreement (Universal Automotive Industries Inc /De/)
No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Shares shares shall be issued upon the exercise of this Warrant. In lieu of any fractional Share share to which the Holder as the such holder would otherwise be entitled, the Holder such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of the fair market value for such fractional Share share above the Exercise Price for such fractional share (as mutually determined in good faith be by the Company) Company and the Holder), or (ii) a whole Share share if the Holder tenders the Exercise Price for one whole share.
Appears in 4 contracts
Sources: Common Stock Purchase Warrant (World Web Publishing.com Corp), Common Stock Purchase Warrant (Wangh Jordan S), Common Stock Purchase Warrant (Netratings Inc)
No Fractional Shares or Scrip. No fractional Shares shares or scrip ----------------------------- representing fractional Shares shares shall be issued upon the exercise of this Warrant. In lieu of any fractional Share share to which the Holder as the such holder would otherwise be entitled, the Holder such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value the Fair Market Value for such fractional Share share above the Exercise Price for such fractional share (as mutually determined in good faith be by the CompanyCompany and the Holder) or (ii) a whole Share share if the Holder tenders the Exercise Price for one whole share.
Appears in 4 contracts
Sources: Common Stock Purchase Warrant (Pc Tel Inc), Common Stock Purchase Warrant (Pc Tel Inc), Common Stock Purchase Warrant (Pc Tel Inc)
No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Shares shares shall be issued upon the exercise of this Warrant. In lieu of any fractional Share share to which the such Holder as the holder would otherwise be entitled, the such Holder shall be entitled, at its option, to receive either (ia) a cash payment equal to the excess of fair market value the Fair Market Value for such fractional Share share above the Exercise Price for such fractional share (as mutually determined in good faith be by the CompanyCompany and the Holder) or (iib) a whole Share share if the Holder tenders the Exercise Price for one whole share.
Appears in 3 contracts
Sources: Registration Rights Agreement (Cardiac Pathways Corp), Common Stock Purchase Agreement (Morgan Stanley Dean Witter & Co), Registration Rights Agreement (Cardiac Pathways Corp)
No Fractional Shares or Scrip. No fractional Shares or scrip representing fractional Shares shall be issued upon the exercise of this Warrant. In lieu of any fractional Share to which the Holder as the holder would otherwise be entitled, the Holder shall be entitled, at its option, to receive either either:
(ia) a cash payment equal to the excess of fair market value for such fractional Share above the Exercise Price for such fractional share (as determined in good faith be by the Company) or ); or
(iib) a whole Share if the Holder tenders the Exercise Price for one whole share.
Appears in 3 contracts
Sources: Warrant Agreement (Amedisys Inc), Warrant Agreement (Amedisys Inc), Warrant Agreement (Ambient Corp /Ny)
No Fractional Shares or Scrip. No fractional Shares or scrip representing fractional Shares shall be issued upon the exercise of this Warrant. In lieu of any fractional Share to which the Holder as the such holder would otherwise be entitled, the Holder such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value for such fractional Share above the Exercise Price for such fractional share Share (as mutually determined in good faith be by the CompanyCompany and the holder) or (ii) a whole Share if the Holder holder tenders the Exercise Price for one whole shareShare.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Computron Software Inc), Securities Purchase Agreement (London Merchant Securities PLC), Warrant Agreement (London Merchant Securities PLC)
No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Shares shares shall be issued upon the exercise of this Warrant. In lieu of any fractional Share share to which the Holder as the such holder would otherwise be entitled, the Holder such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value the Fair Market Value for such fractional Share share above the Exercise Price for such fractional share (as mutually determined in good faith be by the CompanyCompany and the Holder) or (ii) a whole Share share if the Holder tenders the Exercise Price for one whole share.
Appears in 2 contracts
Sources: Common Stock Purchase Warrant Agreement (Monolithic System Technology Inc), Common Stock Purchase Warrant Agreement (Monolithic System Technology Inc)
No Fractional Shares or Scrip. No fractional Shares or scrip representing fractional Shares shall be issued upon the exercise of this Warrant. In lieu of any fractional Share to which the Holder as the holder hereof would otherwise be entitled, the Holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value for such fractional Share above the Exercise Price for such fractional share (as determined in good faith be by the Company) or (ii) a whole Share if the Holder tenders the Exercise Price for one whole share.
Appears in 2 contracts
Sources: Warrant Agreement (First Montauk Financial Corp), Warrant Agreement (First Montauk Financial Corp)
No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Shares shares shall be issued upon the exercise of this Warrant. In lieu of any fractional Share share to which the Holder as the such holder would otherwise be entitled, the Holder such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value for such fractional Share above the Exercise Price Fair Market Value for such fractional share (as determined in good faith be the Company) or (ii) a whole Share if the Holder tenders the Exercise Price for one whole share.above the
Appears in 2 contracts
Sources: Warrant Agreement (Interactive Pictures Corp), Marketing Agreement (Interactive Pictures Corp)
No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Shares shares shall be issued upon the exercise of the rights under this Warrant. In lieu of any such fractional Share share to which the Holder as the holder would otherwise be entitled, the Holder Company shall be entitled, at its option, to receive either (i) make a cash payment equal to the excess of fair market value for Warrant Price multiplied by such fractional Share above the Exercise Price for such fractional share (as determined in good faith be the Company) or (ii) a whole Share if the Holder tenders the Exercise Price for one whole share.fraction
Appears in 2 contracts
Sources: Loan and Security Agreement (Accolade, Inc.), Loan and Security Agreement (Accolade, Inc.)
No Fractional Shares or Scrip. No fractional Shares shares or scrip ----------------------------- representing fractional Shares shares shall be issued upon the exercise or conversion of this Warrant. In lieu of any fractional Share share to which the Holder as the such holder would otherwise be entitled, the Holder such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value for such fractional Share share above the Exercise Price for such fractional share (as mutually determined in good faith be by the CompanyCompany and the holder) or (ii) a whole Share share if the Holder holder tenders the Exercise Price for one whole share.
Appears in 2 contracts
Sources: Warrant Agreement (Evolve Software Inc), Warrant Agreement (Evolve Software Inc)
No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Shares shares shall be issued upon the exercise of the rights under this Warrant. In lieu of any such fractional Share share to which the Holder as the holder would otherwise be entitled, the Holder Company shall be entitled, at its option, to receive either (i) make a cash payment to the Holder in an amount equal to the excess of fair market value for such fractional Share above the Exercise Price for multiplied by such fractional share (as determined in good faith be the Company) or (ii) a whole Share if the Holder tenders the Exercise Price for one whole sharefraction.
Appears in 2 contracts
Sources: Warrant Agreement (Actividentity Corp), Warrant Agreement (Actividentity Corp)
No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Shares shares shall be issued upon the exercise of this Warrant. In lieu of any fractional Share share to which the Holder as the such holder would otherwise be entitled, the Holder such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value the Fair Market Value for such fractional Share share above the Exercise Price for such fractional share (as mutually determined in good faith be by the CompanyCompany and the Holder) or (ii) a ii)a whole Share share if the Holder tenders the Exercise Price for one whole share.
Appears in 2 contracts
Sources: Common Stock Purchase Warrant (Monolithic System Technology Inc), Termination Agreement (Monolithic System Technology Inc)
No Fractional Shares or Scrip. No fractional Shares or scrip representing fractional Shares shall be issued upon the exercise of this Warrant. In lieu of any fractional Warrant Share to which the Holder as the holder would otherwise be entitled, the Holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value for such fractional Warrant Share above the Exercise Price for such fractional share (as determined in good faith be by the Company) or (ii) a whole Warrant Share if the Holder tenders the Exercise Price for one whole share.
Appears in 1 contract
No Fractional Shares or Scrip. No fractional Shares or scrip representing fractional Shares shall be issued upon the exercise of this Warrant. In lieu of any fractional Share to which the Holder as the holder would otherwise be entitled, the Holder shall be entitled, at its option, entitled to receive either (i) a cash payment equal to the excess of fair market value for such fractional Share above the Exercise Price for such fractional share (as determined in good faith be by the Company) or (ii) a whole Share if the Holder tenders the Exercise Price for one whole share).
Appears in 1 contract
No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Shares shares shall be issued upon the exercise of the rights under this Warrant. In lieu of any such fractional Share share to which the Holder as the holder would otherwise be entitled, the Holder shall be entitled, at its option, to receive Company may either (i) make a cash payment equal to the excess of fair market value for such fractional Share above the Exercise Price multiplied by such fraction or issue scrip or a warrant for such fractional share (as determined in good faith be the Company) or (ii) a whole Share if which shall entitle the Holder tenders to receive a full share upon the Exercise Price for one whole surrender of such scrip or warrants aggregating a full share.
Appears in 1 contract
No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Shares shares shall be issued upon the exercise of this Warrant. In lieu With respect to any fraction of any fractional Share a share called for upon the exercise of this Warrant, an amount equal to such fraction multiplied by the current Fair Market Value at which the Holder as the holder would otherwise each share may be entitled, the Holder purchased hereunder shall be entitled, at its option, to receive either (i) a paid in cash payment equal to the excess of fair market value for such fractional Share above the Exercise Price for such fractional share (as determined in good faith be the Company) or (ii) a whole Share if the Holder tenders the Exercise Price for one whole shareHolder.
Appears in 1 contract
Sources: Share Sale and Purchase Agreement (Vantage Drilling CO)
No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Shares shall shares will be issued upon the exercise of this Warrant. In lieu of any fractional Share share to which the Holder as the a holder would otherwise be entitled, the Holder shall such holder will be entitledentitled to receive, at its option, to receive either (i) a cash payment equal to the excess of fair market value for such fractional Share share above the Exercise Price for such fractional share (as mutually determined in good faith be by the CompanyCompany and the holder) or (ii) a whole Share share if the Holder holder tenders the Exercise Price for one whole share.
Appears in 1 contract
No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Shares shares shall be issued upon the exercise or conversion of this Warrant. In lieu of any fractional Share share to which the Holder as the such holder would otherwise be entitled, the Holder such holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value for such fractional Share share above the Exercise Price for such fractional share (as mutually determined in good faith be by the CompanyCompany and the holder) or (ii) a whole Share share if the Holder holder tenders the Exercise Price for one whole share.
Appears in 1 contract
Sources: Warrant Agreement (Fafco Inc)
No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Shares shares shall be issued upon the exercise of this Warrant. In lieu of any fractional Share share to which the such Holder as the holder would otherwise be entitled, the such Holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value the Fair Market Value for such fractional Share share above the Exercise Price for such fractional share (as mutually determined in good faith be by the CompanyCompany and Holder) or (ii) a whole Share share if the Holder tenders the Exercise Price for one whole share.
Appears in 1 contract
No Fractional Shares or Scrip. No fractional Shares shares or scrip representing fractional Shares shares shall be issued upon the exercise of this Warrant. In lieu of any fractional Share share to which the Holder as the holder would otherwise be entitled, the Holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of the fair market value for such fractional Share share above the Exercise Price for such fractional share (as determined in good faith be by the Company’s board of directors) or (ii) a whole Share share if the Holder tenders the Exercise Price for one whole share.
Appears in 1 contract
Sources: Warrant Agreement (Cvent Inc)
No Fractional Shares or Scrip. No fractional Shares or scrip representing fractional Shares shall be issued upon the exercise of this Warrant. In lieu of any fractional Share to which the Holder as the holder would otherwise be entitled, the Holder shall be entitled, at its option, to receive either (i) a cash payment equal to the excess of fair market value for such fractional Share above the Exercise Price for such fractional share (as determined in good faith be by the Company) or (ii) a whole Share if the Holder tenders the Exercise Price for one whole shareShare.
Appears in 1 contract
Sources: Warrant Agreement (Universal Access Global Holdings Inc)