Acceptance Clause Example with 23 Variations from Business Contracts
This page contains Acceptance clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Acceptance. Receipt of this Warrant by the Holder shall constitute acceptance of and agreement to all of the terms and conditions contained herein. 12. CERTAIN DEFINITIONS. For purposes of this Warrant, the following terms shall have the following meanings: (a) "Closing Sale Price" means, for any security as of any date, (i) the last closing trade price for such security on the Principal Market, as reported by Nasdaq, or, if the Principal Market begins to operate on an extended hours basis and does not desi...gnate the closing trade price, then the last trade price of such security prior to 4:00 p.m., New York time, as reported by Nasdaq, or (ii) if the foregoing does not apply, the last trade price of such security in the over-the-counter market for such security as reported by Nasdaq, or (iii) if no last trade price is reported for such security by Nasdaq, the average of the bid and ask prices of any market makers for such security as reported by the OTC Markets. If the Closing Sale Price cannot be calculated for a security on a particular date on any of the foregoing bases, the Closing Sale Price of such security on such date shall be the fair market value as mutually determined by the Company and the Holder. All such determinations to be appropriately adjusted for any stock dividend, stock split, stock combination or other similar transaction during the applicable calculation period. (b) "Common Stock" means the Company's common stock, and any other class of securities into which such securities may hereafter be reclassified or changed. (c) "Common Stock Equivalents" means any securities of the Company that would entitle the holder thereof to acquire at any time Common Stock, including without limitation any debt, preferred stock, rights, options, warrants or other instrument that is at any time convertible into or exercisable or exchangeable for, or otherwise entitles the holder thereof to receive, Common Stock. (d) "Principal Market" means the primary national securities exchange on which the Common Stock is then traded. (e) "Market Price" means the highest traded price of the Common Stock during the thirty (30) Trading Days prior to the date of the respective Exercise Notice. (f) "Trading Day" means (i) any day on which the Common Stock is listed or quoted and traded on its Principal Market, (ii) if the Common Stock is not then listed or quoted and traded on any national securities exchange, then a day on which trading occurs on any over-the-counter markets, or (iii) if trading does not occur on the over-the-counter markets, any Business Day.View More
Variations of a "Acceptance" Clause from Business Contracts
Acceptance. Receipt of this Warrant by the Holder shall constitute acceptance of and agreement to all of the terms and conditions contained herein. 12. 4 10. CERTAIN DEFINITIONS. For purposes of this Warrant, the following terms shall have the following meanings: (a) "Closing Sale Price" means, for any security as of any date, (i) the last closing trade price for such security on the Principal Market, as reported by Nasdaq, or, if the Principal Market begins to operate on an extended hours basis and does no...t designate the closing trade price, then the last trade price of such security prior to 4:00 p.m., New York time, as reported by Nasdaq, or (ii) if the foregoing does not apply, the last trade price of such security in the over-the-counter market for such security as reported by Nasdaq, or (iii) if no last trade price is reported for such security by Nasdaq, the average of the bid and ask prices of any market makers for such security as reported by the OTC Markets. If the Closing Sale Price cannot be calculated for a security on a particular date on any of the foregoing bases, the Closing Sale Price of such security on such date shall be the fair market value as mutually determined by the Company and the Holder. All such determinations to be appropriately adjusted for any stock dividend, stock split, stock combination or other similar transaction during the applicable calculation period. (b) "Common Stock" means the Company's common stock, and any other class of securities into which such securities may hereafter be reclassified or changed. (c) (b) "Common Stock Equivalents" means any securities of the Company that would entitle the holder thereof to acquire at any time Common Stock, including without limitation any debt, preferred stock, rights, options, warrants or other instrument that is at any time convertible into or exercisable or exchangeable for, or otherwise entitles the holder thereof to receive, Common Stock. (d) (c) "Principal Market" means the primary national securities exchange on which the Common Stock is then traded. (e) "Market Price" means the highest traded price of the Common Stock during the thirty (30) Trading Days prior to the date of the respective Exercise Notice. (f) (d) "Trading Day" means (i) any day on which the Common Stock is listed or quoted and traded on its Principal Market, (ii) if the Common Stock is not then listed or quoted and traded on any national securities exchange, then a day on which trading occurs on any over-the-counter markets, or (iii) if trading does not occur on the over-the-counter markets, any Business Day. View More
Acceptance. Receipt of this Warrant by the Holder shall constitute acceptance of and agreement to all of the terms and conditions contained herein. 6 12. CERTAIN DEFINITIONS. For purposes of this Warrant, the following terms shall have the following meanings: (a) (a)[Intentionally Omitted]. (b) "Closing Sale Price" means, for any security as of any date, (i) the last closing trade price for such security on the Principal Market, as reported by Nasdaq, Quotestream or other similar quotation service provider ...designated by the Holder, or, if the Principal Market begins to operate on an extended hours basis and does not designate the closing trade price, then the last trade price of such security prior to 4:00 p.m., New York time, as reported by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, or (ii) if the foregoing does not apply, the last trade price of such security in the over-the-counter market for such security as reported by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, or (iii) if no last trade price is reported for such security by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, the average of the bid and ask prices of any market makers for such security as reported by Quotestream or other similar quotation service provider designated by the OTC Markets. Holder. If the Closing Sale Price cannot be calculated for a security on a particular date on any of the foregoing bases, the Closing Sale Price of such security on such date shall be the fair market value as mutually determined by the Company and the Holder. All such determinations to be appropriately adjusted for any stock dividend, stock split, stock combination or other similar transaction during the applicable calculation period. (b) (c) "Common Stock" Shares" means the Company's common stock, shares, and any other class of securities into which such securities may hereafter be reclassified or changed. (c) (d) "Common Stock Share Equivalents" means any securities of the Company that would entitle the holder thereof to acquire at any time Common Stock, Shares, including without limitation any debt, preferred stock, rights, options, warrants or other instrument that is at any time convertible into or exercisable or exchangeable for, or otherwise entitles the holder thereof to receive, Common Stock. (d) Shares. (e) "Person" and "Persons" means an individual, a limited liability company, a partnership, a joint venture, a corporation, a trust, an unincorporated organization, any other entity and any governmental entity or any department or agency thereof. (f) "Principal Market" means the primary national principal securities exchange on which or trading market where such Common Shares are listed or quoted, including but not limited to any tier of the Common OTC Markets, any tier of the NASDAQ Stock is then traded. (e) Market (including NASDAQ Capital Market), or the NYSE American, or any successor to such markets. (g) "Market Price" means the highest traded price of the Common Stock Shares during the thirty (30) one hundred and fifty Trading Days prior to the date of the respective Exercise Notice. (f) (h) "Trading Day" means (i) any day on which the Common Stock is Shares are listed or quoted and traded on its Principal Market, (ii) provided, however, that if the Common Stock is Shares are not then listed or quoted and traded on any national securities exchange, Principal Market, then a day on which trading occurs on any over-the-counter markets, or (iii) if trading does not occur on the over-the-counter markets, any Business Day. calendar day. View More
Acceptance. Receipt of this Warrant by the Holder shall constitute acceptance of and agreement to all of the terms and conditions contained herein. 5 12. CERTAIN DEFINITIONS. For purposes of this Warrant, the following terms shall have the following meanings: (a) "Closing Sale Price" means, for any security as of any date, (i) the last closing trade price for such security on the Principal Market, as reported by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, or, if... the Principal Market begins to operate on an extended hours basis and does not designate the closing trade price, then the last trade price of such security prior to 4:00 p.m., New York time, as reported by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, or (ii) if the foregoing does not apply, the last trade price of such security in the over-the-counter market for such security as reported by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, or (iii) if no last trade price is reported for such security by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, the average of the bid and ask prices of any market makers for such security as reported by Quotestream or other similar quotation service provider designated by the OTC Markets. Holder. If the Closing Sale Price cannot be calculated for a security on a particular date on any of the foregoing bases, the Closing Sale Price of such security on such date shall be the fair market value as mutually determined by the Company and the Holder. All such determinations to be appropriately adjusted for any stock dividend, stock split, stock combination or other similar transaction during the applicable calculation period. (b) "Common Stock" Shares" means the Company's common stock, shares, and any other class of securities into which such suchss securities may hereafter be reclassified or changed. (c) "Common Stock Share Equivalents" means any securities of the Company that would entitle the holder thereof to acquire at any time Common Stock, Shares, including without limitation any debt, preferred stock, rights, options, warrants or other instrument that is at any time convertible into or exercisable or exchangeable for, or otherwise entitles the holder thereof to receive, Common Stock. Shares. (d) "Person" and "Persons" means an individual, a limited liability company, a partnership, a joint venture, a corporation, a trust, an unincorporated organization, any other entity and any governmental entity or any department or agency thereof. (e) "Principal Market" means the primary national principal securities exchange on which or trading market where such Common Shares are listed or quoted, including but not limited to any tier of the Common OTC Markets, any tier of the NASDAQ Stock is then traded. (e) Market (including NASDAQ Capital Market), or the NYSE American, or any successor to such markets. (f) "Market Price" means the highest traded price of the Common Stock Shares during the thirty (30) Trading Days prior to the date of the respective Exercise Notice. (f) (g) "Trading Day" means (i) any day on which the Common Stock is Shares are listed or quoted and traded on its Principal Market, (ii) provided, however, that if the Common Stock is Shares are not then listed or quoted and traded on any national securities exchange, Principal Market, then a day on which trading occurs on any over-the-counter markets, or (iii) if trading does not occur on the over-the-counter markets, any Business Day. calendar day. View More
Acceptance. Receipt of this Warrant by the Holder shall constitute acceptance of and agreement to all of the terms and conditions contained herein. 12. 6 13. CERTAIN DEFINITIONS. For purposes of this Warrant, the following terms shall have the following meanings: (a) "Bloomberg" means Bloomberg Financial Markets. (b) "Business Day" means any day except any Saturday, any Sunday, any day which is a federal legal holiday in the United States or any day on which banking institutions in the State of New York are... authorized or required by law or other governmental action to close. (c) "Closing Sale Price" means, for any security as of any date, (i) the last closing trade price for such security on the Principal Market, as reported by Nasdaq, Bloomberg, or, if the Principal Market begins to operate on an extended hours basis and does not designate the closing trade price, then the last trade price of such security prior to 4:00 p.m., New York time, as reported by Nasdaq, Bloomberg, or (ii) if the foregoing does not apply, the last trade price of such security in the over-the-counter market for such security as reported by Nasdaq, Bloomberg, or (iii) if no last trade price is reported for such security by Nasdaq, Bloomberg, the average of the bid and ask prices of any market makers for such security as reported by the OTC Markets. If the Closing Sale Price cannot be calculated for a security on a particular date on any of the foregoing bases, the Closing Sale Price of such security on such date shall be the fair market value as mutually determined by the Company and the Holder. All such determinations to be appropriately adjusted for any stock dividend, stock split, stock combination or other similar transaction during the applicable calculation period. (b) (d) "Commission" means the United States Securities and Exchange Commission. (e) "Common Stock" means the Company's Company common stock, par value $0.0001 per share, and any other class of securities into which such securities may hereafter be reclassified or changed. (c) (f) "Common Stock Equivalents" means any securities of the Company that would entitle the holder thereof to acquire at any time Common Stock, including without limitation any debt, preferred stock, rights, options, warrants or other instrument that is at any time convertible into or exercisable or exchangeable for, or otherwise entitles the holder thereof to receive, Common Stock. (d) (g) "Exchange Act" means the Securities Exchange Act of 1934, and the rules and regulations thereunder. (h) "Exempt Issuance" means the issuance of (i) shares of Common Stock or options to employees, officers, directors or consultants of the Company pursuant to any stock or option plan duly adopted by a majority of the non-employee members of the Board of Directors of the Company or a majority of the members of a committee of non-employee directors established for such purpose (for the avoidance of doubt, including the Company's 2014 Associate Stock Purchase Plan intended to qualify under Section 422 of the Internal Revenue Code of 1986), (ii) any Common Stock upon the exercise or conversion of securities that are issued and outstanding as of the date hereof, (iii) securities issued pursuant to acquisitions or strategic transactions approved by a majority of the disinterested directors of the Company, (iv) shares of Common Stock issued in connection with regularly scheduled dividend payments on the Series C Preferred Stock, and (v) shares of Common Stock issued pursuant to any loan or leasing arrangement, real property leasing arrangement, or debt financing from a bank approved by the Board of Directors of the Company. 7 (i) "Principal Market" means the primary national securities exchange on which the Common Stock is then traded. (e) "Market Price" (j) "Securities Act" means the highest traded price Securities Act of 1933, and the Common Stock during the thirty (30) Trading Days prior to the date of the respective Exercise Notice. (f) rules and regulations thereunder. (k) "Trading Day" means (i) any day on which the Common Stock is listed or quoted and traded on its Principal Market, (ii) if the Common Stock is not then listed or quoted and traded on any national securities exchange, then a day on which trading occurs on any over-the-counter markets, or (iii) if trading does not occur on the over-the-counter markets, any Business Day. View More
Acceptance. Receipt of this Warrant by the Holder shall constitute acceptance of and agreement to all of the terms and conditions contained herein. 7 12. CERTAIN DEFINITIONS. For purposes of this Warrant, the following terms shall have the following meanings: (a) [Intentionally Omitted]. (b) "Closing Sale Price" means, for any security as of any date, (i) the last closing trade price for such security on the Principal Market, as reported by Nasdaq, Quotestream or other similar quotation service provider des...ignated by the Holder, or, if the Principal Market begins to operate on an extended hours basis and does not designate the closing trade price, then the last trade price of such security prior to 4:00 p.m., New York time, as reported by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, or (ii) if the foregoing does not apply, the last trade price of such security in the over-the-counter market for such security as reported by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, or (iii) if no last trade price is reported for such security by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, the average of the bid and ask prices of any market makers for such security as reported by Quotestream or other similar quotation service provider designated by the OTC Markets. Holder. If the Closing Sale Price cannot be calculated for a security on a particular date on any of the foregoing bases, the Closing Sale Price of such security on such date shall be the fair market value as mutually determined by the Company and the Holder. All such determinations to be appropriately adjusted for any stock dividend, stock split, stock combination or other similar transaction during the applicable calculation period. (b) (c) "Common Stock" means the Company's common stock, par value $0.00001, and any other class of securities into which such securities may hereafter be reclassified or changed. (c) (d) "Common Stock Equivalents" means any securities of the Company that would entitle the holder thereof to acquire at any time Common Stock, including without limitation any debt, preferred stock, rights, options, warrants or other instrument that is at any time convertible into or exercisable or exchangeable for, or otherwise entitles the holder thereof to receive, Common Stock. (d) (e) [Intentionally Omitted]. (f) "Person" and "Persons" means an individual, a limited liability company, a partnership, a joint venture, a corporation, a trust, an unincorporated organization, any other entity and any governmental entity or any department or agency thereof. (g) "Principal Market" means the primary national principal securities exchange on which the or trading market where such Common Stock is then traded. (e) listed or quoted, including but not limited to any tier of the OTC Markets, any tier of the NASDAQ Stock Market (including NASDAQ Capital Market), or the NYSE American, or any successor to such markets. (h) "Market Price" means the highest traded price of the Common Stock during the thirty (30) one hundred and fifty Trading Days prior to the date of the respective Exercise Notice. (f) (i) "Trading Day" means (i) any day on which the Common Stock is listed or quoted and traded on its Principal Market, (ii) provided, however, that if the Common Stock is not then listed or quoted and traded on any national securities exchange, Principal Market, then a day on which trading occurs on any over-the-counter markets, or (iii) if trading does not occur on the over-the-counter markets, any Business Day. calendar day. View More
Acceptance. Receipt of this Warrant by the Holder shall constitute acceptance of and agreement to all of the terms and conditions contained herein. 6 12. CERTAIN DEFINITIONS. For purposes of this Warrant, the following terms shall have the following meanings: (a) [Intentionally Omitted]. (b) "Closing Sale Price" means, for any security as of any date, (i) the last closing trade price for such security on the Principal Market, as reported by Nasdaq, Quotestream or other similar quotation service provider des...ignated by the Holder, or, if the Principal Market begins to operate on an extended hours basis and does not designate the closing trade price, then the last trade price of such security prior to 4:00 p.m., New York time, as reported by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, or (ii) if the foregoing does not apply, the last trade price of such security in the over-the-counter market for such security as reported by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, or (iii) if no last trade price is reported for such security by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, the average of the bid and ask prices of any market makers for such security as reported by Quotestream or other similar quotation service provider designated by the OTC Markets. Holder. If the Closing Sale Price cannot be calculated for a security on a particular date on any of the foregoing bases, the Closing Sale Price of such security on such date shall be the fair market value as mutually determined by the Company and the Holder. All such determinations to be appropriately adjusted for any stock dividend, stock split, stock combination or other similar transaction during the applicable calculation period. (b) (c) "Common Stock" means the Company's common stock, par value $0.001, and any other class of securities into which such securities may hereafter be reclassified or changed. (c) (d) "Common Stock Equivalents" means any securities of the Company that would entitle the holder thereof to acquire at any time Common Stock, including without limitation any debt, preferred stock, rights, options, warrants or other instrument that is at any time convertible into or exercisable or exchangeable for, or otherwise entitles the holder thereof to receive, Common Stock. (d) (e) [Intentionally Omitted]. (f) "Person" and "Persons" means an individual, a limited liability company, a partnership, a joint venture, a corporation, a trust, an unincorporated organization, any other entity and any governmental entity or any department or agency thereof. (g) "Principal Market" means the primary national principal securities exchange on which the or trading market where such Common Stock is then traded. (e) listed or quoted, including but not limited to any tier of the OTC Markets, any tier of the NASDAQ Stock Market (including NASDAQ Capital Market), or the NYSE American, or any successor to such markets. (h) "Market Price" means the highest traded price of the Common Stock during the thirty (30) one hundred and fifty Trading Days prior to the date of the respective Exercise Notice. (f) (i) "Trading Day" means (i) any day on which the Common Stock is listed or quoted and traded on its Principal Market, (ii) provided, however, that if the Common Stock is not then listed or quoted and traded on any national securities exchange, Principal Market, then a day on which trading occurs on any over-the-counter markets, or (iii) if trading does not occur on the over-the-counter markets, any Business Day. calendar day. View More
Acceptance. Receipt of this Warrant by the Holder shall constitute acceptance of and agreement to all of the terms and conditions contained herein. 7 12. CERTAIN DEFINITIONS. For purposes of this Warrant, the following terms shall have the following meanings: (a) [Intentionally Omitted]. (b) "Closing Sale Price" means, for any security as of any date, (i) the last closing trade price for such security on the Principal Market, as reported by Nasdaq, Quotestream or other similar quotation service provider des...ignated by the Holder, or, if the Principal Market begins to operate on an extended hours basis and does not designate the closing trade price, then the last trade price of such security prior to 4:00 p.m., New York time, as reported by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, or (ii) if the foregoing does not apply, the last trade price of such security in the over-the-counter market for such security as reported by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, or (iii) if no last trade price is reported for such security by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, the average of the bid and ask prices of any market makers for such security as reported by Quotestream or other similar quotation service provider designated by the OTC Markets. Holder. If the Closing Sale Price cannot be calculated for a security on a particular date on any of the foregoing bases, the Closing Sale Price of such security on such date shall be the fair market value as mutually determined by the Company and the Holder. All such determinations to be appropriately adjusted for any stock dividend, stock split, stock combination or other similar transaction during the applicable calculation period. (b) (c) "Common Stock" means the Company's common stock, par value $0.001, and any other class of securities into which such securities may hereafter be reclassified or changed. (c) (d) "Common Stock Equivalents" means any securities of the Company that would entitle the holder thereof to acquire at any time Common Stock, including without limitation any debt, preferred stock, rights, options, warrants or other instrument that is at any time convertible into or exercisable or exchangeable for, or otherwise entitles the holder thereof to receive, Common Stock. (d) (e) "Person" and "Persons" means an individual, a limited liability company, a partnership, a joint venture, a corporation, a trust, an unincorporated organization, any other entity and any governmental entity or any department or agency thereof. (f) "Principal Market" means the primary national principal securities exchange on which the or trading market where such Common Stock is then traded. (e) listed or quoted, including but not limited to any tier of the OTC Markets, any tier of the NASDAQ Stock Market (including NASDAQ Capital Market), or the NYSE American, or any successor to such markets. (g) "Market Price" means the highest traded price of the Common Stock during the thirty (30) one hundred and fifty Trading Days prior to the date of the respective Exercise Notice. (f) (h) "Trading Day" means (i) any day on which the Common Stock is listed or quoted and traded on its Principal Market, (ii) provided, however, that if the Common Stock is not then listed or quoted and traded on any national securities exchange, Principal Market, then a day on which trading occurs on any over-the-counter markets, or (iii) if trading does not occur on the over-the-counter markets, any Business Day. calendar day. (i) "Trigger Date" means September 23, 2023. View More
Acceptance. Receipt of this Warrant by the Holder shall constitute acceptance of and agreement to all of the terms and conditions contained herein. 7 12. CERTAIN DEFINITIONS. For purposes of this Warrant, the following terms shall have the following meanings: (a) [Intentionally Omitted]. (b) "Closing Sale Price" means, for any security as of any date, (i) the last closing trade price for such security on the Principal Market, as reported by Nasdaq, Quotestream or other similar quotation service provider des...ignated by the Holder, or, if the Principal Market begins to operate on an extended hours basis and does not designate the closing trade price, then the last trade price of such security prior to 4:00 p.m., New York time, as reported by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, or (ii) if the foregoing does not apply, the last trade price of such security in the over-the-counter market for such security as reported by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, or (iii) if no last trade price is reported for such security by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, the average of the bid and ask prices of any market makers for such security as reported by Quotestream or other similar quotation service provider designated by the OTC Markets. Holder. If the Closing Sale Price cannot be calculated for a security on a particular date on any of the foregoing bases, the Closing Sale Price of such security on such date shall be the fair market value as mutually determined by the Company and the Holder. All such determinations to be appropriately adjusted for any stock dividend, stock split, stock combination or other similar transaction during the applicable calculation period. (b) (c) "Common Stock" means the Company's common stock, par value $0.001, and any other class of securities into which such securities may hereafter be reclassified or changed. (c) (d) "Common Stock Equivalents" means any securities of the Company that would entitle the holder thereof to acquire at any time Common Stock, including without limitation any debt, preferred stock, rights, options, warrants or other instrument that is at any time convertible into or exercisable or exchangeable for, or otherwise entitles the holder thereof to receive, Common Stock. (d) (e) "Person" and "Persons" means an individual, a limited liability company, a partnership, a joint venture, a corporation, a trust, an unincorporated organization, any other entity and any governmental entity or any department or agency thereof. (f) "Principal Market" means the primary national principal securities exchange on which the or trading market where such Common Stock is then traded. (e) listed or quoted, including but not limited to any tier of the OTC Markets, any tier of the NASDAQ Stock Market (including NASDAQ Capital Market), or the NYSE American, or any successor to such markets. (g) "Market Price" means the highest traded price of the Common Stock during the thirty (30) one hundred and fifty Trading Days prior to the date of the respective Exercise Notice. (f) (h) "Trading Day" means (i) any day on which the Common Stock is listed or quoted and traded on its Principal Market, (ii) provided, however, that if the Common Stock is not then listed or quoted and traded on any national securities exchange, Principal Market, then a day on which trading occurs on any over-the-counter markets, or (iii) if trading does not occur on the over-the-counter markets, any Business Day. calendar day. (i) "Trigger Date" means March 16, 2023. View More
Acceptance. Receipt of this Warrant by the Holder shall constitute acceptance of and agreement to all of the terms and conditions contained herein. 7 12. CERTAIN DEFINITIONS. For purposes of this Warrant, the following terms shall have the following meanings: (a) [Intentionally Omitted]. (b) "Closing Sale Price" means, for any security as of any date, (i) the last closing trade price for such security on the Principal Market, as reported by Nasdaq, Quotestream or other similar quotation service provider des...ignated by the Holder, or, if the Principal Market begins to operate on an extended hours basis and does not designate the closing trade price, then the last trade price of such security prior to 4:00 p.m., New York time, as reported by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, or (ii) if the foregoing does not apply, the last trade price of such security in the over-the-counter market for such security as reported by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, or (iii) if no last trade price is reported for such security by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, the average of the bid and ask prices of any market makers for such security as reported by Quotestream or other similar quotation service provider designated by the OTC Markets. Holder. If the Closing Sale Price cannot be calculated for a security on a particular date on any of the foregoing bases, the Closing Sale Price of such security on such date shall be the fair market value as mutually determined by the Company and the Holder. All such determinations to be appropriately adjusted for any stock dividend, stock split, stock combination or other similar transaction during the applicable calculation period. (b) (c) "Common Stock" means the Company's common stock, par value $0.0001, and any other class of securities into which such securities may hereafter be reclassified or changed. (c) (d) "Common Stock Equivalents" means any securities of the Company that would entitle the holder thereof to acquire at any time Common Stock, including without limitation any debt, preferred stock, rights, options, warrants or other instrument that is at any time convertible into or exercisable or exchangeable for, or otherwise entitles the holder thereof to receive, Common Stock. (d) (e) "Person" and "Persons" means an individual, a limited liability company, a partnership, a joint venture, a corporation, a trust, an unincorporated organization, any other entity and any governmental entity or any department or agency thereof. (f) "Principal Market" means the primary national principal securities exchange on which the or trading market where such Common Stock is then traded. (e) listed or quoted, including but not limited to any tier of the OTC Markets, any tier of the NASDAQ Stock Market (including NASDAQ Capital Market), or the NYSE American, or any successor to such markets. (g) "Market Price" means the highest traded price of the Common Stock during the thirty (30) one hundred and fifty Trading Days prior to the date of the respective Exercise Notice. (f) (h) "Trading Day" means (i) any day on which the Common Stock is listed or quoted and traded on its Principal Market, (ii) provided, however, that if the Common Stock is not then listed or quoted and traded on any national securities exchange, Principal Market, then a day on which trading occurs on any over-the-counter markets, or (iii) if trading does not occur on the over-the-counter markets, any Business Day. calendar day. View More
Acceptance. Receipt of this Warrant by the Holder shall constitute acceptance of and agreement to all of the terms and conditions contained herein. 7 12. CERTAIN DEFINITIONS. For purposes of this Warrant, the following terms shall have the following meanings: (a) "Closing Sale Price" means, for any security as of any date, (i) the last closing trade price for such security on the Principal Market, as reported by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, or, if... the Principal Market begins to operate on an extended hours basis and does not designate the closing trade price, then the last trade price of such security prior to 4:00 p.m., New York time, as reported by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, or (ii) if the foregoing does not apply, the last trade price of such security in the over-the-counter market for such security as reported by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, or (iii) if no last trade price is reported for such security by Nasdaq, Quotestream or other similar quotation service provider designated by the Holder, the average of the bid and ask prices of any market makers for such security as reported by Quotestream or other similar quotation service provider designated by the OTC Markets. Holder. If the Closing Sale Price cannot be calculated for a security on a particular date on any of the foregoing bases, the Closing Sale Price of such security on such date shall be the fair market value as mutually determined by the Company and the Holder. All such determinations to be appropriately adjusted for any stock dividend, stock split, stock combination or other similar transaction during the applicable calculation period. (b) "Common Stock" means the Company's common stock, par value $0.001, and any other class of securities into which such securities may hereafter be reclassified or changed. (c) "Common Stock Equivalents" means any securities of the Company that would entitle the holder thereof to acquire at any time Common Stock, including without limitation any debt, preferred stock, rights, options, warrants or other instrument that is at any time convertible into or exercisable or exchangeable for, or otherwise entitles the holder thereof to receive, Common Stock. (d) "Person" and "Persons" means an individual, a limited liability company, a partnership, a joint venture, a corporation, a trust, an unincorporated organization, any other entity and any governmental entity or any department or agency thereof. (e) "Principal Market" means the primary national principal securities exchange on which the or trading market where such Common Stock is then traded. (e) listed or quoted, including but not limited to any tier of the OTC Markets, any tier of the NASDAQ Stock Market (including NASDAQ Capital Market), or the NYSE American, or any successor to such markets. (f) "Market Price" means the highest traded price of the Common Stock during the thirty (30) Trading Days prior to the date of the respective Exercise Notice. (f) (g) "Trading Day" means (i) any day on which the Common Stock is listed or quoted and traded on its Principal Market, (ii) provided, however, that if the Common Stock is not then listed or quoted and traded on any national securities exchange, Principal Market, then a day on which trading occurs on any over-the-counter markets, or (iii) if trading does not occur on the over-the-counter markets, any Business Day. calendar day. View More
