Right to Convert Warrant Into Stock Net Issuance Sample Clauses

POPULAR SAMPLE Copied 2 times
Right to Convert Warrant Into Stock Net Issuance. (i) In addition to and without limiting the rights of the holder under the terms of this Warrant, the holder may elect to convert this Warrant or any portion thereof (the "Conversion Right") into shares of Common Stock, the aggregate value of which shares shall be equal to the value of this Warrant or the portion thereof being converted. The Conversion Right may be exercised by the holder by surrender of this Warrant at the principal office of the Company together with notice of the holder's intention to exercise the Conversion Right, in which event the Company shall issue to the holder a number of shares of the Company's Common Stock computed using the following formula: X= Y(A-B) ------ A Where: X The number of shares of Common Stock to be issued to the holder. Y The number of shares of Common Stock representing the portion of this Warrant that is being converted. A The fair market value of one share of the Company's Common Stock. B The Exercise Price (as adjusted to the date of such calculations). (ii) For purposes of this Section 2(b), the "fair market value" per share of the Company's Common Stock shall mean, the average daily Market Price (as defined below) during the period of the most recent 20 days, ending on the last business day before the effective date of exercise of the Conversion Right, on which the national securities exchanges were open for trading, except that if no class of the Common Stock is then listed or admitted to trading on any national securities exchange or quoted in the over-counter market, the fair market value shall be the Market Price on the last business day before the effective date of exercise of the Conversion Right. If the Common Stock is traded on a national securities exchange or admitted to unlisted trading privileges on such an exchange, or is listed on the National Market System (the "National Market System") of the National Association of Securities Dealers Automated Quotations System (the "NASDAQ"), the Market Price as of a specified day shall be the last reported sale price of the Common Stock on such exchange or on the National Market System on such date or if no such sale is made on such day, the mean of the closing bid and asked prices for such day on such exchange or on the National Market System. If the Common Stock is not so listed or admitted to unlisted trading privileges, the Market Price as of a specified day shall be the mean of the last bid and asked prices reported on such date (x) by the NASDAQ or ...
Right to Convert Warrant Into Stock Net Issuance. In addition to and without limiting the rights of the Holder under the terms of this Warrant, the Holder may elect to exercise this Warrant with respect to then Vested Shares (the "CONVERSION RIGHT"), the aggregate value of which Vested Shares shall be equal to the "in-the-money" value of this Warrant or the portion thereof being converted as set forth below. The Conversion Right may be exercised by the Holder by surrender of this Warrant at the principal office of the Company together with notice of the Holder's intention to exercise the Conversion Right, in which event the Company shall issue to the Holder a number of Vested Shares computed using the following formula: X= Y (A-B) ------- A Where:
Right to Convert Warrant Into Stock Net Issuance. (a) In addition to and without limiting the rights of Quantum under the terms of this Warrant and in lieu of exercising this Warrant under Section 2.1(a) above, Quantum may elect to convert this Warrant or any portion thereof (the "Conversion Right") into shares of Series D Preferred Stock, the aggregate value of which shares shall be equal to the value of this Warrant or the portion thereof being converted. The Conversion Right may be exercised by Quantum by surrender of this Warrant at the principal office of the Company (with the Notice of Exercise form attached hereto as Exhibit A-1 duly executed), in which event the Company shall issue to Quantum a number of shares of the Company's Series D Preferred Stock computed using the following formula: Y(A - B) X = -------- A
Right to Convert Warrant Into Stock Net Issuance. In addition to and without limiting the rights of Landlord under the terms of this Warrant and in lieu of exercising this Warrant under Section 3(a) above, Landlord may elect to convert this Warrant (the “Conversion Right”) into shares of common stock, the aggregate value of which shares shall be equal to the value of this Warrant. The Conversion Right may be exercised by Landlord by surrender of this Warrant at the principal office of the Company (with the Notice of Exercise form attached hereto as Exhibit A-1 duly executed), in which event the Company shall issue to Landlord a number of shares of the Company’s common stock computed using the following formula: X = Y (A-B) A Where: X = The number of shares of common stock to be issued to Landlord. Y = The number of shares of common stock covered by this Warrant in respect of which the net issue election is made pursuant to this Section 3(b). A = The closing price of one share of the Company’s common stock as reported on the Nasdaq National Market on the trading day immediately preceding the date that the Exercise Notice is delivered to the Company. B = Exercise Price (as adjusted to the date of such calculations).
Right to Convert Warrant Into Stock Net Issuance. In addition to and without limiting the rights of ▇▇▇▇▇▇▇▇ under the terms of this Warrant and in lieu of exercising this Warrant under Section 3(a) above, ▇▇▇▇▇▇▇▇ may elect to convert this Warrant (the “Conversion Right”) into shares of common stock, the aggregate value of which shares shall be equal to the value of this Warrant. The Conversion Right may be exercised by ▇▇▇▇▇▇▇▇ by surrender of this Warrant at the principal office of the Company (with the Notice of Exercise form attached hereto as Exhibit A-1 duly executed), in which event the Company shall issue to ▇▇▇▇▇▇▇▇ a number of shares of the Company’s common stock computed using the following formula:
Right to Convert Warrant Into Stock Net Issuance. In addition to and without limiting the rights of Stanford under the terms of this Warrant and in lieu of exercising this Warrant under Section 3(a) above, Stanford may elect to convert this Warrant (the “Conversion Right”) into shares of common stock, the aggregate value of which shares shall be equal to the value of this Warrant. The Conversion Right may be exercised by Stanford by surrender of this Warrant at the principal office of the Company (with the Notice of Exercise form attached hereto as Exhibit A-1 duly executed), in which event the Company shall issue to Stanford a number of shares of the Company’s common stock computed using the following formula:
Right to Convert Warrant Into Stock Net Issuance. The registered holder hereof shall have the right to convert this Warrant, in whole, at any time at or prior to the expiration of the Warrant pursuant to Section 1 hereof, by the surrender of this Warrant and the notice of exercise form attached hereto duly executed to the principal office of the Company, into Shares as provided in this Section 9. Upon exercise of this conversion right, the holder hereof shall be entitled to receive that number of Shares of the Company (y) equal to the quotient obtained by dividing ((A - B)(X)) by (A), where: A. = the Fair Market Value (as defined below) of one Share on the date of conversion of this Warrant. X = the number of Shares as to which this Warrant is being converted. If the above calculation results in a number equal to or less than zero, then no Shares shall be issued or issuable upon conversion of this Warrant.
Right to Convert Warrant Into Stock Net Issuance. In addition to and without limiting the rights of Holder under the terms of this Warrant and in lieu of exercising this Warrant under Section 3(a) above, Holder may elect to convert this Warrant or any portion thereof (the “Conversion Right”), by surrender of this Warrant at the principal office of the Company (with the Notice of Exercise form attached hereto as Exhibit A-1 duly executed), into that number of Shares computed using the following formula:
Right to Convert Warrant Into Stock Net Issuance 

Related to Right to Convert Warrant Into Stock Net Issuance

  • Reservation of Shares Issuable Upon Conversion The Company covenants that it will at all times reserve and keep available out of its authorized and unissued shares of Common Stock for the sole purpose of issuance upon conversion of this Debenture and payment of interest on this Debenture, each as herein provided, free from preemptive rights or any other actual contingent purchase rights of Persons other than the Holder (and the other holders of the Debentures), not less than such aggregate number of shares of the Common Stock as shall (subject to the terms and conditions set forth in the Purchase Agreement) be issuable (taking into account the adjustments and restrictions of Section 5) upon the conversion of the outstanding principal amount of this Debenture and payment of interest hereunder. The Company covenants that all shares of Common Stock that shall be so issuable shall, upon issue, be duly authorized, validly issued, fully paid and nonassessable and, if the Registration Statement is then effective under the Securities Act, shall be registered for public sale in accordance with such Registration Statement.

  • Reservation of Stock, Etc., Issuable on Exercise of Warrant The Company will at all times reserve and keep available, solely for issuance and delivery on the exercise of this Warrant, shares of Common Stock (or Other Securities) from time to time issuable on the exercise of this Warrant.

  • Number of Shares Issuable upon Exercise From and after the date hereof through and including the Expiration Date, the Holder shall be entitled to receive, upon exercise of this Warrant in whole or in part, by delivery of an original or fax copy of an exercise notice in the form attached hereto as Exhibit A (the "Exercise Notice"), shares of Common Stock of the Company, subject to adjustment pursuant to Section 4.

  • Warrant Price Duration and Exercise of Warrants Section 2.01. Persons intending to exercise their redeemable Class A Warrants must present the Warrant and the exercise price to the Company's Transfer Agent, in order to receive one (1) share of Common Stock. Each Class A Warrant is exercisable at an exercise price of $7.00 from the Closing Date of this offering and continuing for three (3) years, at which time the Warrants expire. The Class A Warrants are immediately detachable. For each Class B Warrant, the holder is entitled to receive one (1) share of Common Stock, at an exercise price of $6.00 from the Closing Date and continuing for four (4) years thereafter, at which time the Warrants expire. Section 2.02. Subject to the provisions of Section 4.01, paragraph (4) of Section 4.03 and the form of reverse side of the Warrant Certificate, both Classes of Warrants may be exercised at any time prior to the expiration date at 5:00 P.M. New York State time if such date shall be a Business Day; and if not then at or before 5:00 P.M. New York State time on the next following Business Day. Any Warrants not exercised during said period shall become void and all rights thereunder and all rights in respect thereof under this Agreement shall cease at the end of such period. (1) The Warrant Holder may exercise a Warrant, in whole or in part, upon surrender of the Warrant Certificate, with the exercise form thereon duly executed to the Warrant Agent at its corporate office, together with the Warrant Price for each share of Common Stock to be purchased in New York Clearing House funds or other funds acceptable to the Company. (2) Upon receipt of a Warrant Certificate with the exercise form duly executed and accompanied by payment of the aggregate Warrant Price for the shares of Common Stock for which the Warrant is then being exercised, the Warrant Agent shall requisition from the transfer agent certificates for the total number of whole shares (as provided in Section 4.04) of Common Stock for which the Warrant is being exercised in such names and denominations as are required for delivery to the Warrant holder, and the Warrant Agent shall thereupon deliver such certificate to or in accordance with the instructions of the Warrant Holder. The Company covenants and agrees that it has duly authorized and directed its transfer agent (and will authorize and direct all its future transfer agents) to comply with all such requests of the Warrant Agent. (3) In case any Warrant Holder shall exercise his Warrant with respect to less than all of the shares of Common Stock that may be purchased under such Warrant, a new Warrant Certificate for the balance shall be countersigned and delivered to or upon the order of such Warrant Holder. (4) The Company covenants and agrees that it will pay, when due and payable, any and all taxes which may be payable in respect of the issue of Warrants, or the issue of any shares of Common Stock upon the exercise of Warrants. The Company shall not, however, be required to pay any tax which may be payable in respect of any transfer involved in the issuance or delivery of Warrant Certificates or shares of Common Stock in a name other than that of the Warrant Holder at the time of surrender, and until the payment of such tax, shall not be required to issue such Common Stock. (5) The Warrant Agent shall account promptly to the Company with respect to Warrants exercised and currently account to the Company for moneys received by the Warrant Agent for the purchase of shares of Common Stock upon the exercise of Warrants. (6) The Class A Warrants and the Class B Warrants are immediately detachable and tradeable separately.

  • Duration and Exercise of Warrants (a) This Warrant shall be exercisable by the registered Holder on any business day before 5:00 P.M. (Pacific Time) at any time and from time to time on or after January 27, 2006 to and including the Expiration Date. At 5:00 P.M. (Pacific Time) on the Expiration Date, the portion of this Warrant not exercised prior thereto shall expire and become void and of no value. Prior to the Expiration Date, the Company may not call or otherwise redeem this Warrant. (b) Subject to Section 10, upon delivery of an executed Form of Election to Purchase, together with the grid attached hereto as Annex A duly completed and signed, to the Company at its address for notice set forth in Section 12 and upon payment of the Exercise Price multiplied by the number of Warrant Shares that the Holder intends to purchase hereunder, in the manner provided hereunder, all as specified by the Holder in the Form of Election to Purchase, the Company shall promptly (but in no event later than 5 business days after the Date of Exercise (as defined herein)) issue or cause to be issued and cause to be delivered to or upon the written order of the Holder and in such name or names as the Holder may designate, a certificate for the Warrant Shares issuable upon such exercise, which may bear a restrictive legend as set forth in Section 7. To effect an exercise hereunder, the Holder shall not be required to physically surrender this Warrant to the Company unless all the Warrant Shares have been exercised. Exercises hereunder shall have the effect of lowering the number of Warrant Shares in an amount equal to the applicable exercise, which shall be evidenced by entries set forth on the attached Annex A. The Holder and the Company shall maintain records showing the number of Warrant Shares exercised and the date of such exercises. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following exercise of a portion of this Warrant, the number of shares issuable upon exercise of this Warrant may be less than the amount stated on the face hereof.