Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 6 contracts
Sources: Exclusive Agency Agreement (Histogen Inc.), Exclusive Agency Agreement (Fuel Tech, Inc.), Exclusive Agency Agreement (Citius Pharmaceuticals, Inc.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.07.5% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 5 contracts
Sources: Exclusive Agency Agreement (BioSolar Inc), Exclusive Agency Agreement (Predictive Oncology Inc.), Exclusive Agency Agreement (Cloudcommerce, Inc.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.05.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 4 contracts
Sources: Underwriting Agreement (Moleculin Biotech, Inc.), Exclusive Agency Agreement (Histogen Inc.), Exclusive Agency Agreement (Histogen Inc.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.05.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed purchased in each Offering (and if an Offering includes a “greenshoe” or “additional investment” option component, such number of shares of common stock underlying such “greenshoe” or “additional investment” option component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the closing of the exercise of such componentoption). If the Securities included in an Offering are convertible, the number of shares of common stock underlying the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering from the sale of shares of common stock (or common stock equivalent, if applicable) divided by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants, if any, issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering (such price, the “Offering Price”). If no warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form (including, without limitation, with respect to anti-dilution rights) reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 4 contracts
Sources: Exclusive Agency Agreement (Diffusion Pharmaceuticals Inc.), Exclusive Agency Agreement (Diffusion Pharmaceuticals Inc.), Exclusive Agency Agreement (Diffusion Pharmaceuticals Inc.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.03.5% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 4 contracts
Sources: Underwriting Agreement (Lexaria Bioscience Corp.), Underwriting Agreement (Lexaria Bioscience Corp.), Underwriting Agreement (Lexaria Bioscience Corp.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇R▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇R▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.05% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) Common Stock placed in each Offering (and if an Offering includes the Securities are convertible or include a “greenshoe” or “additional investment” option component, such number of shares of common stock Common Stock underlying such “greenshoe” Securities or “additional investment” componentoptions, with the ▇▇▇▇▇▇▇▇▇▇ Warrants warrant issuable upon conversion of the Securities or the exercise of such componentthe option). If the Securities included in an Offering are non-convertible, the ▇▇▇▇▇R▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the then market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”)Common Stock. If warrants are issued to investors in an Offering, the ▇▇▇▇▇The R▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇R▇▇▇▇▇ Warrants Warrant shall have an exercise price equal to 125% of the Offering Pricepublic offering price per share in the applicable Offering. If no warrants are issued to investors in an Offering, the R▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to R▇▇▇▇▇, have a term of 5 years and an exercise price equal to 125% of the then market price of the Common Stock.
Appears in 3 contracts
Sources: Exclusive Agency Agreement (Cel Sci Corp), Exclusive Agency Agreement (Cel Sci Corp), Exclusive Agency Agreement (Cel Sci Corp)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.08.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 3 contracts
Sources: Exclusive Agency Agreement (Innovative Payment Solutions, Inc.), Exclusive Agency Agreement (Aikido Pharma Inc.), Exclusive Agency Agreement (Coretec Group Inc.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” option component, such number of shares of common stock underlying such “greenshoe” or “additional investment” option component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such componentoption). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be have the same terms as the warrants issued to investors in a customary form reasonably acceptable to the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇, ▇ Warrants shall have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If no warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued be in a customary form reasonably acceptable to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall ▇, have a term of five (5) years and an exercise price equal to 125% of the Offering Price.
Appears in 3 contracts
Sources: Exclusive Agency Agreement (Citius Pharmaceuticals, Inc.), Exclusive Agency Agreement (Citius Pharmaceuticals, Inc.), Exclusive Agency Agreement (Citius Pharmaceuticals, Inc.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.06.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 3 contracts
Sources: Exclusive Agency Agreement (Immuron LTD), Exclusive Agency Agreement (CYREN Ltd.), Exclusive Agency Agreement (Vivus Inc)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.07.5% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component); provided, however, that no warrants will be issued to ▇▇▇▇▇▇▇▇▇▇ in connection with an ATM. If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 3 contracts
Sources: Underwriting Agreement (Silo Pharma, Inc.), Underwriting Agreement (60 Degrees Pharmaceuticals, Inc.), Underwriting Agreement (Psyence Biomedical Ltd.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.05.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in at the Closing of each Offering (and if an Offering includes a “greenshoe” or “additional investment” option component, such number of shares of common stock underlying such “greenshoe” or “additional investment” option component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such componentoption). If the Securities included in an Offering are convertibleconvertible (other than any warrants that are issued in the Offering, excluding pre-funded warrants, if any), the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the offering price per share (or unit, if applicable) (the “Offering Price”) in the applicable Offering (including any separate value assigned to any warrants issued in the Offering) (“Nasdaq Price”). If no warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇ and the Company, have a term of five (5) years and an exercise price equal to the 125% of the Offering Price (but no lower than the Nasdaq Price).
Appears in 3 contracts
Sources: Exclusive Agency Agreement (Arcadia Biosciences, Inc.), Exclusive Agency Agreement (Arcadia Biosciences, Inc.), Exclusive Agency Agreement (Arcadia Biosciences, Inc.)
Warrant Coverage. The Company shall issue to ▇W▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.05.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇W▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇W▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 3 contracts
Sources: Exclusive Agency Agreement (Eyegate Pharmaceuticals Inc), Exclusive Agency Agreement (Uranium Energy Corp), Exclusive Agency Agreement (Eyegate Pharmaceuticals Inc)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock ADSs of the Company equal to 7.0% of the aggregate number of shares of common stock ADSs (or common stock ADSs equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” option component, such number of shares of common stock ADSs underlying such “greenshoe” or “additional investment” option component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such componentoption). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the ordinary shares on the date an Offering is commenced (such price, the “Offering Price”). If no warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the Offering Price.
Appears in 3 contracts
Sources: Exclusive Agency Agreement (Kitov Pharma Ltd.), Exclusive Agency Agreement (Kitov Pharma Ltd.), Exclusive Agency Agreement (Kitov Pharma Ltd.)
Warrant Coverage. The Company shall issue to ▇W▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase subscribe that number of shares of common stock of the Company equal to 7.05.0% of the aggregate number of shares of common stock (( or common stock equivalent, if applicable) placed in each Offering (( and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇W▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇W▇▇▇▇▇▇▇▇▇, have a term of five (5) years and with an exercise price equal to 125135% of the offering price per share (( or unit, if applicable) in the applicable Offering and if such offering price is not available, the 135% of the market price of the common stock represented by ADS on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125135% of the Offering Price.
Appears in 2 contracts
Sources: Underwriting Agreement (Evaxion Biotech a/S), Underwriting Agreement (Evaxion Biotech a/S)
Warrant Coverage. The Company shall issue to ▇W▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇W▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component); provided, however, that no warrants will be issued to W▇▇▇▇▇▇▇▇▇ in connection with an ATM. If the Securities included in an Offering are convertible, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇W▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 2 contracts
Sources: Underwriting Agreement (Enveric Biosciences, Inc.), Underwriting Agreement (BioSig Technologies, Inc.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.06.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable only upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 2 contracts
Sources: Exclusive Agency Agreement (Oncternal Therapeutics, Inc.), Exclusive Agency Agreement (Oncternal Therapeutics, Inc.)
Warrant Coverage. The Company shall issue to ▇W▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” option component, such number of shares of common stock underlying such “greenshoe” or “additional investment” option component, with the ▇W▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such componentoption). If the Securities included in an Offering are convertible, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the Offering Price (as defined hereunder). The ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be have the same terms as the warrants issued to investors in a customary form reasonably acceptable to the applicable Offering, except that such W▇▇▇▇▇▇▇▇▇▇, ▇ Warrants shall have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If no warrants are issued to investors in an Offering, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued be in a customary form reasonably acceptable to investors in the applicable Offering, except that such W▇▇▇▇▇▇▇▇▇▇ Warrants shall , have a term of five (5) years and an exercise price equal to 125% of the Offering Price.
Appears in 2 contracts
Sources: Exclusive Agency Agreement (TearLab Corp), Exclusive Agency Agreement (TearLab Corp)
Warrant Coverage. The Company shall issue to ▇W▇▇▇▇▇▇▇▇▇ or its designees at each the Closing, warrants (the “▇W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of common shares of common stock of the Company equal to 7.05.0% of the aggregate number of common shares of common stock (or common stock equivalent, if applicable) placed in each the Offering and issued at Closing (and if an the Offering includes a “greenshoe” or “additional investment” option component, such number of common shares of common stock underlying such “greenshoe” or “additional investment” option component, with the ▇additional W▇▇▇▇▇▇▇▇▇ Warrants to be issuable upon the closing of exercise of such componentoption). If the Securities included in an Offering are convertible, the ▇The W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing have the gross proceeds raised same terms as the warrants issued to investors in the applicable Offering, except that such Offering by the Offering Price (as defined hereunder). The ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an initial exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock shares on the date an Offering is commenced (such price, the “Offering Price”). If no warrants are issued to investors in an Offering, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued be in a customary form reasonably acceptable to investors in the applicable Offering, except that such ▇W▇▇▇▇▇▇▇▇▇ Warrants shall and the Company, have a term of five (5) years and an exercise price equal to 125% of the Offering Price.
Appears in 2 contracts
Sources: Exclusive Agency Agreement (Intellipharmaceutics International Inc.), Exclusive Agency Agreement (Intellipharmaceutics International Inc.)
Warrant Coverage. The Company shall issue to ▇W▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.05.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” option component, such number of shares of common stock underlying such “greenshoe” or “additional investment” option component, with the ▇W▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such componentoption). If the Securities included in an Offering are convertible, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be have the same terms as the warrants issued to investors in a customary form reasonably acceptable to the applicable Offering, except that such W▇▇▇▇▇▇▇▇▇▇, ▇ Warrants shall have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If no warrants are issued to investors in an Offering, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued be in a customary form reasonably acceptable to investors in the applicable Offering, except that such ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have and the Company, be exercisable from the 6-month anniversary of the issuance date for a term of three and one-half (3.5) years and at an exercise price equal to 125% of the Offering Price, shall not have any price-based anti-dilution protection, and neither the W▇▇▇▇▇▇▇▇▇ Warrants or the shares underlying them shall be subject to registration except in the sole discretion of the Company.
Appears in 2 contracts
Sources: Exclusive Agency Agreement (Microbot Medical Inc.), Exclusive Agency Agreement (Microbot Medical Inc.)
Warrant Coverage. The Company shall issue to ▇W▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.06.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇W▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇W▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 2 contracts
Sources: Underwriting Agreement (Indaptus Therapeutics, Inc.), Underwriting Agreement (Harbor Custom Development, Inc.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component); provided, however, that no warrants will be issued to ▇▇▇▇▇▇▇▇▇▇ in connection with an ATM. If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 2 contracts
Sources: Underwriting Agreement (Silexion Therapeutics Corp), Underwriting Agreement (SeaStar Medical Holding Corp)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock ADSs of the Company equal to 7.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) ADSs placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” option component, such number of shares of common stock ADSs underlying such “greenshoe” or “additional investment” option component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such componentoption). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the ordinary shares on the date an Offering is commenced (such price, the “Offering Price”). If no warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the Offering Price.
Appears in 2 contracts
Sources: Exclusive Agency Agreement (Kitov Pharma Ltd.), Exclusive Agency Agreement (Kitov Pharma Ltd.)
Warrant Coverage. The Company shall issue to ▇W▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.08.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇W▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇W▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 2 contracts
Sources: Exclusive Agency Agreement (Akers Biosciences, Inc.), Exclusive Agency Agreement (Akers Biosciences, Inc.)
Warrant Coverage. The Company shall issue to ▇W▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of common shares of common stock of the Company equal to 7.06.0% of the aggregate number of common shares of common stock (or common stock equivalent, if applicableshare equivalents) placed in the Offering and issued at each Offering Closing (and if an the Offering includes a “greenshoe” or “additional investment” option component, such number of common shares of common stock underlying such “greenshoe” or “additional investment” option component, with the ▇additional W▇▇▇▇▇▇▇▇▇ Warrants to be issuable upon the closing of exercise of such componentoption); provided, however, that such warrant coverage shall be reduced to 5.0% in connection with each non-public Offering and Warrant Solicitation transaction. If the Securities included in an on Offering are convertible, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the Offering Price (as defined hereunder). The ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be have the same terms as the warrants issued to investors in a customary form reasonably acceptable to the applicable Offering, except that such W▇▇▇▇▇▇▇▇▇▇, ▇ Warrants shall have a term of five (5) years and an initial exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock shares on the date an Offering is commenced (such price, the “Offering Price”). If no warrants are issued to investors in an Offering, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued be in a customary form reasonably acceptable to investors in the applicable Offering, except that such ▇W▇▇▇▇▇▇▇▇▇ Warrants shall and the Company, have a term of five (5) years and an exercise price equal to 125% of the Offering Price.
Appears in 2 contracts
Sources: Exclusive Agency Agreement (Intellipharmaceutics International Inc.), Exclusive Agency Agreement (Intellipharmaceutics International Inc.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock ordinary shares, par value NIS 0.25 per share (“Ordinary Shares”), of the Company equal to 7.06.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) Ordinary Shares placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” option component, such number of shares of common stock Ordinary Shares underlying such “greenshoe” or “additional investment” option component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such componentoption). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the Ordinary Shares on the date an Offering is commenced (such price, the “Offering Price”). If no warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the Offering Price.
Appears in 2 contracts
Sources: Exclusive Agency Agreement (ReWalk Robotics Ltd.), Exclusive Agency Agreement (ReWalk Robotics Ltd.)
Warrant Coverage. The Company shall issue to ▇W▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.06.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” option component, such number of shares of common stock underlying such “greenshoe” or “additional investment” option component, with the ▇W▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such componentoption). If the Securities included in an Offering are convertible, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be have the same terms as the warrants issued to investors in a customary form reasonably acceptable to the applicable Offering, except that such W▇▇▇▇▇▇▇▇▇▇, ▇ Warrants shall have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If no warrants are issued to investors in an Offering, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued be in a customary form reasonably acceptable to investors in the applicable Offering, except that such W▇▇▇▇▇▇▇▇▇▇ Warrants shall , have a term of five (5) years and an exercise price equal to 125% of the Offering Price.
Appears in 2 contracts
Sources: Exclusive Agency Agreement (Bio-Path Holdings Inc), Exclusive Agency Agreement (Bio-Path Holdings Inc)
Warrant Coverage. The Company shall issue to ▇W▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇W▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇W▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 2 contracts
Sources: Underwriting Agreement (My Size, Inc.), Underwriting Agreement (My Size, Inc.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.05.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). Notwithstanding the foregoing, the calculation of the number of ▇▇▇▇▇▇▇▇▇▇ Warrants to be issued to ▇▇▇▇▇▇▇▇▇▇ shall not include any shares of common stock issuable upon exercise of warrants issued in the Offering, if any. The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five four (54) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Sources: Exclusive Agency Agreement (Kintara Therapeutics, Inc.)
Warrant Coverage. The Company shall issue to ▇W▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.0% of the aggregate number of shares of common stock (or common stock equivalentequivalent but excluding any shares of Common Stock underlying any warrants (other than any “pre-funded” warrants) issued in an Offering, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇W▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to W▇▇▇▇▇▇▇▇▇▇▇ and the Company, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Sources: Underwriting Agreement (Dermata Therapeutics, Inc.)
Warrant Coverage. The Company shall issue to ▇W▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.05.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇W▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component); provided, however, that the Advisor will be entitled to receive 50% of the W▇▇▇▇▇▇▇▇▇ Warrants as financial advisor. If the Securities included in an Offering are convertible, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇W▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to the higher of (i) $5.17 and (ii) 125% of the Offering Price.
Appears in 1 contract
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.03.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” option component, such number of shares of common stock underlying such “greenshoe” or “additional investment” option component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such componentoption). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be have the same terms as the warrants issued to investors in a customary form reasonably acceptable to the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇, ▇ Warrants shall have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If no warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued be in a customary form reasonably acceptable to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall ▇, have a term of five (5) years and an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Sources: Exclusive Agency Agreement (Bellerophon Therapeutics, Inc.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable, but shall not include any shares of common stock underlying warrants issued in each Offering (other than pre-funded warrants)) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇▇ and the Company, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Sources: Exclusive Agency Agreement (Emerald Bioscience, Inc.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each the Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each the Offering (and if an the Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an the Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such the Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an the Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Sources: Placement Agent Agreement (Outlook Therapeutics, Inc.)
Warrant Coverage. The Company shall issue to Wainwright or ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ or its designees ees at each Closing, warrants (the “Wainwright War▇▇▇▇▇▇▇▇”) ▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.06.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇▇▇▇▇Wainwright War▇▇▇▇▇ Warrants issuable ▇▇▇▇able only upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇▇▇▇▇Wainwright War▇▇▇▇▇ Warrants shall ▇▇▇▇l be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇Wainwright War▇▇▇▇▇ Warrants shall ▇▇▇▇l be in a customary form reasonably acceptable to Wainwright, ha▇▇ ▇ ▇▇▇▇▇▇▇▇▇▇, have a term ▇ of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇Wainwright War▇▇▇▇▇ Warrants shall ▇▇▇▇l have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇Wainwright War▇▇▇▇▇ Warrants shall ▇▇▇▇l have an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Sources: Exclusive Agency Agreement (Oncternal Therapeutics, Inc.)
Warrant Coverage. The Company shall issue to ▇W▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.06.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” option component, such number of shares of common stock underlying such “greenshoe” or “additional investment” option component, with the ▇W▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such componentoption). If the Securities included in an Offering are convertible, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be have the same terms as the warrants issued to investors in a customary form reasonably acceptable to the applicable Offering, except that such W▇▇▇▇▇▇▇▇▇▇, ▇ Warrants shall have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If no warrants are issued to investors in an Offering, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued be in a customary form reasonably acceptable to investors in the applicable Offering, except that such W▇▇▇▇▇▇▇▇▇▇ Warrants shall , have a term of five (5) years and an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.05.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” option component, such number of shares of common stock underlying such “greenshoe” or “additional investment” option component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such componentoption). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be have the same terms as the warrants issued to investors in a customary form reasonably acceptable to the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇, ▇ Warrants shall have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If no warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued be in a customary form reasonably acceptable to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall ▇, have a term of five (5) years and an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Sources: Exclusive Agency Agreement (RXi Pharmaceuticals Corp)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.06.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” option component, such number of shares of common stock underlying such “greenshoe” or “additional investment” option component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such componentoption); provided, however, that the ▇▇▇▇▇▇▇▇▇▇ Warrants coverage shall be eliminated with respect to any shares of Common Stock placed to the Insider. If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be have the same terms as the warrants issued to investors in a customary form reasonably acceptable to the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇, ▇ Warrants shall have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If no warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued be in a customary form reasonably acceptable to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall ▇, have a term of five (5) years and an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.03.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” option component, such number of shares of common stock ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ | ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ | 212.356.0500 | ▇▇▇.▇▇▇▇▇.▇▇▇ C:\Users\axt20\Desktop\Exhibit 10.2 - EL.doc underlying such “greenshoe” or “additional investment” option component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such componentoption). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be have the same terms as the warrants issued to investors in a customary form reasonably acceptable to the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇, ▇ Warrants shall have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If no warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued be in a customary form reasonably acceptable to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall ▇, have a term of 18 months and an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Warrant Coverage. The Company shall issue to ▇▇▇▇▇R▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇R▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.07% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) Common Stock placed in each Offering (and if an Offering includes the Securities are convertible or include a “greenshoe” or “additional investment” option component, such number of shares of common stock Common Stock underlying such “greenshoe” Securities or “additional investment” component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such componentoptions shall not be included). If the Securities included in an Offering are non-convertible, the ▇▇▇▇▇R▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the then market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”)Common Stock. If warrants are issued to investors in an Offering, the ▇▇▇▇▇The R▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇the R▇▇▇▇▇ Warrants shall have a term of five years, and an exercise price equal to 125% of the Offering Priceper share offering price and shall not have any provisions requiring registration of the underlying shares. If no warrants are issued to investors in an Offering, the R▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to R▇▇▇▇▇ and the Company, have a term of 5 years and an exercise price equal to 125% of the then market price of the Common Stock.
Appears in 1 contract
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.06.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” option component, such number of shares of common stock underlying such “greenshoe” or “additional investment” option component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such componentoption). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be have the same terms as the warrants issued to investors in a customary form reasonably acceptable to the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇, ▇ Warrants shall have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If no warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued be in a customary form reasonably acceptable to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall ▇, have a term of five (5) years and an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Sources: Exclusive Agency Agreement (Axsome Therapeutics, Inc.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.05.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering consummated during the Term (and if an Offering includes a “greenshoe” or “additional investment” option component, such number of shares of common stock underlying such “greenshoe” or “additional investment” option component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such componentoption). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be have the same terms as the warrants issued to investors in a customary form reasonably acceptable to the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇, ▇ Warrants shall have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If no warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued be in a customary form reasonably acceptable to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall ▇, have a term of four (4) years and an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Sources: Exclusive Agency Agreement (Innovate Biopharmaceuticals, Inc.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇"▇▇▇▇▇▇ Warrants”") to purchase that number of shares of common stock of the Company equal to 7.05% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) Common Stock placed in each Offering (and if an Offering includes the Securities are convertible or include a “"greenshoe” " or “"additional investment” " option component, such number of shares of common stock Common Stock underlying such “greenshoe” Securities or “additional investment” componentoptions, with the ▇▇▇▇▇▇▇▇▇▇ Warrants warrant issuable upon conversion of the Securities or the exercise of such componentthe option). If the Securities included in an Offering are non-convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the then market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”)Common Stock. If warrants are issued to investors in an Offering, the ▇▇▇▇The ▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants Warrant shall have an exercise price equal to 125% of the Offering Pricepublic offering price per share in the applicable Offering. If no warrants are issued to investors in an Offering, the ▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇, have a term of 5 years and an exercise price equal to 125% of the then market price of the Common Stock.
Appears in 1 contract
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable, but shall not include any shares of common stock underlying warrants issued in each Offering (other than pre-funded warrants)) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇▇ and the Company, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price. ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ | ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ | 212.356.0500 | ▇▇▇.▇▇▇▇▇.▇▇▇
Appears in 1 contract
Sources: Exclusive Agency Agreement (Emerald Bioscience, Inc.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.07.5% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” option component, such number of shares of common stock underlying such “greenshoe” or “additional investment” option component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such componentoption). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be have the same terms as the warrants issued to investors in a customary form reasonably acceptable to the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇, ▇ Warrants shall have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If no warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued be in a customary form reasonably acceptable to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall ▇, have a term of five (5) years and an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Warrant Coverage. The Company shall issue to ▇W▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.07.5% of the aggregate number of shares of common stock (or common stock equivalent, if applicable, but shall not include any shares of common stock underlying warrants issued in each Offering (other than pre-funded warrants)) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇W▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to W▇▇▇▇▇▇▇▇▇▇▇ and the Company, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Sources: Exclusive Agency Agreement (Arch Therapeutics, Inc.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “"▇▇▇▇▇▇▇▇▇▇ Warrants”") to purchase that number of shares of common stock of the Company equal to 7.07.5% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “"greenshoe” " or “"additional investment” " component, such number of shares of common stock underlying such “"greenshoe” " or “"additional investment” " component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component); provided, however, that no warrants will be issued to ▇▇▇▇▇▇▇▇▇▇ in connection with an ATM. If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “"Offering Price”"). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Sources: Underwriting Agreement (Interactive Strength, Inc.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock ADSs of the Company equal to 7.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) ADSs placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” option component, such number of shares of common stock ADSs underlying such “greenshoe” or “additional investment” option component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such componentoption). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock ordinary shares on the date an Offering is commenced (such price, the “Offering Price”). If no warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued be in a customary form reasonably acceptable to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall , have a term of five (5) years and an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Sources: Exclusive Agency Agreement (Kitov Pharmaceuticals Holdings Ltd.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.07.5% of the aggregate number of shares of common stock (or common stock equivalent, if applicable, but shall not include any shares of common stock underlying warrants issued in each Offering (other than pre-funded warrants)) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇▇ and the Company, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Sources: Exclusive Agency Agreement (Arch Therapeutics, Inc.)
Warrant Coverage. The Company shall issue to ▇W▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.06.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying sold by the Company pursuant to such “greenshoe” or “additional investment” component, with the ▇W▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇W▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Warrant Coverage. The Company shall issue to ▇W▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.06.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) Common Stock placed in each Offering (and if an Offering includes the Securities include a “greenshoe” or “additional investment” option component, such number of shares of common stock Common Stock underlying such “greenshoe” or “additional investment” componentoptions if exercised); provided, with the ▇however, that no warrants will be issued to W▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component)in connection with an ATM Offering. If the Securities included in an Offering are non-convertible, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the Offering Price (as defined hereunder)then market price of the Common Stock. The ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be have the same terms as the warrants issued to investors in a customary form reasonably acceptable to the applicable Offering, except that such W▇▇▇▇▇▇▇▇▇▇, ▇ Warrants shall have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”)commenced. If no warrants are issued to investors in an Offering, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued be in a customary form reasonably acceptable to investors in the applicable Offering, except that such W▇▇▇▇▇▇▇▇▇▇ Warrants shall , have a term of 5 years and an exercise price equal to 125110% of the then market price of the Common Stock. Notwithstanding the foregoing, W▇▇▇▇▇▇▇▇▇ shall be entitled to only 3.0% warrant coverage with respect to any proceeds raised in an Offering Pricefrom any of the individuals or entities listed on Exhibit B1 and on Exhibit B2.
Appears in 1 contract
Warrant Coverage. The Company shall issue to ▇W▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.05.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicableany) placed in at the Closing of each Offering (and if an Offering includes a “greenshoe” or “additional investment” option component, such number of shares of common stock underlying such “greenshoe” or “additional investment” option component, with the ▇W▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such componentoption), or, with resect to a warrant restructuring Offering, 5.0% of the aggregate number of shares of common stock to be issued in connection with the exercise of the warrants being restructured. If the Securities included in an Offering are convertibleconvertible (other than any warrants that are issued in the Offering, excluding pre-funded warrants, if any), the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering divided by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the offering price per share (or unit, if applicable) (the “Offering Price”) in the applicable Offering (including any separate value assigned to any warrants issued in the Offering) (“Nasdaq Price”). If no warrants are issued to investors in an Offering, the W▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to W▇▇▇▇▇▇▇▇▇ and the Company, have a term of five (5) years and an exercise price equal to the 125% of the Offering Price (but no lower than the Nasdaq Price).
Appears in 1 contract
Sources: Exclusive Agency Agreement (Arcadia Biosciences, Inc.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock American Depositary Shares (ADSs) of the Company equal to 7.0% of the aggregate number of shares of common stock ADSs (or common stock ADS equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock ADSs underlying such “greenshoe” or “additional investment” component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock ADS on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The If no warrants are issued to investors, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable OfferingOffering (other than pre-funded warrants), except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Warrant Coverage. The Company shall issue to ▇W▇▇▇▇▇▇▇▇▇ or its designees at each the Closing, warrants (the “▇W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each the Offering (and if an the Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇W▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an the Offering are convertible, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such the Offering by the Offering Price (as defined hereunder). The ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇W▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an the Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Sources: Placement Agent Agreement (Outlook Therapeutics, Inc.)
Warrant Coverage. The Company shall issue to ▇W▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.05.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇W▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇W▇▇▇▇▇▇▇▇▇, have a term of five four (54) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.07% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “"▇▇▇▇▇▇▇▇▇▇ Warrants”") to purchase that number of shares of common stock of the Company equal to 7.06.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “"greenshoe” " or “"additional investment” " component, such number of shares of common stock underlying such “"greenshoe” " or “"additional investment” " component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “"Offering Price”"). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Sources: Underwriting Agreement (Avinger Inc)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.07.5% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” option component, such number of shares of common stock underlying such “greenshoe” or “additional investment” option component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such componentoption). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be have the same terms as the warrants issued to investors in a customary form reasonably acceptable to the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇, ▇ Warrants shall have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If no warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued be in a customary form reasonably acceptable to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall ▇, have a term of five (5) years and an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Sources: Exclusive Agency Agreement (Innovus Pharmaceuticals, Inc.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.06.5% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price. Notwithstanding the foregoing, no ▇▇▇▇▇▇▇▇▇▇ Warrants shall be issued to ▇▇▇▇▇▇▇▇▇▇ in connection with a PIPE.
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Warrant Coverage. The Company shall issue to ▇W▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.07.5% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇W▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇W▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Sources: Exclusive Agency Agreement (Staffing 360 Solutions, Inc.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.08.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering to non-Excluded Investors (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering Offering, less any proceeds received from an Excluded Investor, by the Offering Price (as defined hereunder). Notwithstanding the foregoing, if the Securities issued consist of units comprised of common stock and warrants, the warrants contained in such units, other than pre-funded warrants, if any, will be excluded from the calculation of the ▇▇▇▇▇▇▇▇▇▇ Warrants. The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
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Warrant Coverage. The Company shall issue to ▇W▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.05.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicableany) placed in at the Closing of each Offering (and if an Offering includes a “greenshoe” or “additional investment” option component, such number of shares of common stock underlying such “greenshoe” or “additional investment” option component, with the ▇W▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such componentoption); provided, however, that no warrants will be issued to W▇▇▇▇▇▇▇▇▇ in connection with an ATM. If the Securities included in an Offering are convertibleconvertible (other than any warrants that are issued in the Offering, excluding pre-funded warrants, if any), the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the offering price per share (or unit, if applicable) (the “Offering Price”) in the applicable Offering (including any separate value assigned to any warrants issued in the Offering) (“Nasdaq Price”). If no warrants are issued to investors in an Offering, the W▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to W▇▇▇▇▇▇▇▇▇ and the Company, have a term of five (5) years and an exercise price equal to the 125% of the Offering Price (but no lower than the Nasdaq Price).
Appears in 1 contract
Sources: Exclusive Agency Agreement (Arcadia Biosciences, Inc.)
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each ClosingClosing of an Equity financing, warrants (the “"▇▇▇▇▇▇▇▇▇▇ Warrants”") to purchase that number of shares of common stock of the Company equal to 7.0% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering Equity Financing (and if an Offering Equity Financing includes a “"greenshoe” " or “"additional investment” " option component, such number of shares of common stock underlying such “greenshoe” or “additional investment” option component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such componentoption). If the Securities included in an Offering Equity Financing are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering Equity Financing divided by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Equity Financing, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Equity Financing and if such offering price is not available, the market price of the common stock on the date an Equity Financing is commenced (such price, the “Offering Price”). If no warrants are issued to investors in an Equity Financing, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of ordinary shares of common stock of the Company equal to 7.07% of the aggregate number of ordinary shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes the Securities are convertible or include a “greenshoe” or “additional investment” option component, such number of ordinary shares of common stock underlying such “greenshoe” Securities or “additional investment” componentoptions, with the ▇▇▇▇▇▇▇▇▇▇ Warrants warrant issuable upon conversion of the Securities or the exercise of such componentthe option). If the Securities included in an Offering are non-convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering from investors divided by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the then market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”)Company’s ordinary shares. If warrants are issued to investors in an Offering, the ▇▇▇▇The ▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants Warrant shall have an exercise price equal to 125% of the Offering Pricepublic offering price per share in the applicable Offering. If no warrants are issued to investors in an Offering, the ▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇, have a term of 5 years and an exercise price equal to 125% of the then market price of the Company’s ordinary shares.
Appears in 1 contract
Warrant Coverage. The Company shall issue to ▇▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of common shares of common stock of the Company equal to 7.0% of the aggregate number of common shares of common stock (or common stock share equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of common shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock shares on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
Appears in 1 contract
Warrant Coverage. The Company shall issue to ▇W▇▇▇▇▇▇▇▇▇ or its designees at each Closing, warrants (the “▇W▇▇▇▇▇▇▇▇▇ Warrants”) to purchase that number of shares of common stock of the Company equal to 7.06.5% of the aggregate number of shares of common stock (or common stock equivalent, if applicable) placed in each Offering (and if an Offering includes a “greenshoe” or “additional investment” component, such number of shares of common stock underlying such “greenshoe” or “additional investment” component, with the ▇W▇▇▇▇▇▇▇▇▇ Warrants issuable upon the exercise of such component). If the Securities included in an Offering are convertible, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be determined by dividing the gross proceeds raised in such Offering by the Offering Price (as defined hereunder). The ▇W▇▇▇▇▇▇▇▇▇ Warrants shall be in a customary form reasonably acceptable to ▇W▇▇▇▇▇▇▇▇▇, have a term of five (5) years and an exercise price equal to 125% of the offering price per share (or unit, if applicable) in the applicable Offering and if such offering price is not available, the market price of the common stock on the date an Offering is commenced (such price, the “Offering Price”). If warrants are issued to investors in an Offering, the ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have the same terms as the warrants issued to investors in the applicable Offering, except that such ▇W▇▇▇▇▇▇▇▇▇ Warrants shall have an exercise price equal to 125% of the Offering Price.
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