First Tranche Warrant definition
Examples of First Tranche Warrant in a sentence
The Warrant Certificate amended hereby shall be deemed to be ----- called the "First Tranche Warrant Certificate" for purposes of the Warrant and Registration Rights Agreement.
In the event any Permitted Assignment occurs prior to the issuance of any of the First Tranche, Warrant, Second Tranche, Third Trance or Retailer Initiative Equity (each as applicable an “Unissued Equity at Assignment”), Licensor may at its option give Licensee and the Permitted Assignee written notice (an “Assignment Cash Election Notice”) that Licensor is electing to receive cash in lieu of any or all of such Unissued Equity at Assignment.
Upon the terms and subject to the conditions set forth in the Purchase Agreement, the Purchaser has (i) made an investment in the Company at the First Tranche Closing by acquiring the First Tranche Note, the First Tranche Warrant and the First Tranche Common Shares; and (ii) agreed to make a further investment in the Company at the Second Tranche Closing by acquiring the Second Tranche Warrant and, unless a Company Option Event occurs, the Second Tranche Note.
The Company hereby agrees to use commercially reasonable best efforts to maintain the listing or quotation of its Common Stock on the Trading Market on which it is currently listed, and concurrently with the Closing, the Company shall apply to list or quote all of the Common Shares, the First Tranche Warrant Common Shares and the Second Tranche Warrant Common Shares (collectively, the “Listed Shares”) on such Trading Market and promptly secure the listing of all of the Listed Shares on such Trading Market.
Each First Tranche Warrant and each Second Tranche Warrant shall initially be issued in registered, book-entry form only.
The Common Shares, Preferred Shares, First Tranche Warrants and Second Tranche Warrants are intended to be treated for U.S. federal income tax purposes as an investment unit consisting of 2,253,000 shares of Common Stock, 13,997 shares of Preferred Stock, First Tranche Warrants to initially acquire an aggregate of up to 8,125 First Tranche Warrant Preferred Shares and Second Tranche Warrants to initially acquire an aggregate of up to 8,125 Second Tranche Warrant Preferred Shares.
The purchase price for the First Tranche Warrant shall be paid fifty percent (50%) on the Closing Date and fifty percent (50%), plus interest from the Closing Date at the rate of seven percent (7%) per annum, at the earlier of the date of exercise or the date of expiration of the First Tranche Warrant.
Notwithstanding the foregoing, such adjustment to the applicable Warrant Price would disregard, in determining the applicable VWAP Price, any increase in such trading price for Company Common Stock occurring within ten (10) business days following public announcement, if any, of the achievement of either the First Tranche Warrant Milestone or the Second Tranche Warrant Milestone, as applicable.
Following satisfaction of the First Tranche Warrant Milestone (defined below) and during the Exercise Period (defined below), Holder may exercise the First Tranche Warrants at the First Tranche Exercise Price per share, subject to the adjustments provided in Section 4 hereof.
The purchase price for the First Tranche Warrant and, if applicable, the purchase price for the Additional Warrant shall be made in cash in immediately available funds by wire transfer to an account designated in writing by the Company to the Purchaser at least two (2) Business Days prior to the Closing Date and the Second Closing Date, respectively.