Requirement to Exercise Sample Clauses

Requirement to Exercise. Holder agrees that, beginning in the first full calendar month after the Registration Statement is declared effective, Holder will exercise at least 5% of the Warrants per calendar month, provided that the Common Shares are available, registered and freely tradable. If Holder exercises more than 5% of the Warrants in any calendar month, the excess over 5% shall be credited against the next month’s minimum exercise amount. In the event Holder does not exercise at least 5% of the Warrants in any particular calendar month, the Company’s remedy shall be limited to Holder not being entitled to collect interest on the Debenture for that month if the Company gives Holder written notice, at least 5 business days prior to the end of the month, of Holder’s failure to exercise the minimum required amount for that month. HM Initials TH Initials
Requirement to Exercise. Holder agrees that, beginning in the first full calendar month after the Registration Statement is declared effective, Holder will simultaneously exercise a percentage of this Warrant that is equal to the percentage of the Debenture being converted, provided that the Common Shares are available, registered and freely tradable. If Holder exercises more than 5% of the Warrants in any calendar month, the excess over 5% shall be credited against the next month’s minimum exercise amount. In the event Holder does not simultaneously exercise this Warrant with the Debenture, Holder shall not be entitled to receive the shares of common stock for the portion of the Debenture being simultaneously converted..
Requirement to Exercise. Holder agrees that, beginning in the first full calendar month after the Registration Statement is declared effective, Holder will exercise at least 5%, but no more than 10% (such 10% maximum to be cumulative from the Deadline), of the Warrants per calendar month, provided that the Common Shares are available, registered and freely tradable. If Holder exercises more than 5% of the Warrants in any calendar month, the excess over 5% shall be credited against the next month’s minimum exercise amount. In the event Holder does not exercise at least 5% of the Warrants in any particular calendar month, Holder shall not be entitled to collect interest on the Debenture for that month if the Company

Related to Requirement to Exercise

  • Conditions to Exercise The purchase right represented by this Warrant may be exercised at any time, or from time to time, in whole or in part during the term commencing on the date hereof and ending at 5:00 P.M. Pacific time on the tenth anniversary of the date of this Warrant (the “Expiration Date”).

  • Right to Exercise This Option is exercisable during its term in accordance with the Vesting Schedule set out in the Notice of Grant and the applicable provisions of the Plan and this Option Agreement.

  • Election to Exercise To exercise the Option, the Participant (or in the case of exercise after the Participant’s death or incapacity, the Participant’s executor, administrator, heir or legatee, as the case may be) must deliver to the Company an executed stock option exercise agreement in such form as is approved by the Committee from time to time (the “Exercise Agreement”), which shall set forth, inter alia: (a) the Participant’s election to exercise the Option; (b) the number of Shares of Common Stock being purchased; (c) any restrictions imposed on the Shares; and (d) any representations, warranties and agreements regarding the Participant’s investment intent and access to information as may be required by the Company to comply with applicable securities laws. If someone other than the Participant exercises the Option, then such person must submit documentation reasonably acceptable to the Company verifying that such person has the legal right to exercise the Option.

  • Failure to Exercise Upon the expiration of the Second Participation Period, or in the event no Participation Rights Holder exercises the Right of Participation within fifteen (15) days following the issuance of the First Participation Notice, the Company shall have one hundred and twenty (120) days thereafter to sell the New Securities described in the First Participation Notice (with respect to which the Right of Participation hereunder were not exercised) at the same or higher price and upon non-price terms not materially more favorable to the purchasers thereof than specified in the First Participation Notice. In the event that the Company has not issued and sold such New Securities within such one hundred and twenty (120) day period, then the Company shall not thereafter issue or sell any New Securities without again first offering such New Securities to the Participation Rights Holders pursuant to this Section 3.

  • Failure to Exercise Rights No delay in exercising, or omission to exercise, any right, power or remedy accruing to either party under the Trust Fund Grant Agreement upon any default shall impair any such right, power or remedy or be construed to be a waiver thereof or an acquiescence in such default. No action of such party in respect of any default, or any acquiescence by it in any default, shall affect or impair any right, power or remedy of such party in respect of any other or subsequent default.