Grouped Into 12 Collections of Similar Clauses From Business Contracts
This page contains Exercise of Warrant clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Exercise of Warrant. 2.1Method of Exercise. 2.2Cashless Exercise. 2.3Partial Exercise. 2.4No Settlement for Cash. 2.5Exercise Limitation.
Exercise of Warrant. This Warrant may be exercised in whole or in part, from time to time and expressly subject to satisfaction of vesting conditions, commencing on the date hereof (the "Issue Date") and expiring on the tenth (10th) anniversary date hereof, by presentation and surrender hereof to the Company, with the Exercise Form annexed hereto duly executed and accompanied by payment by wire transfer or bank check of the Exercise Price for the number of shares specified in such form, together with all federal and... state taxes applicable upon such exercise, if any. If this Warrant should be exercised in part only, the Company shall, upon surrender of this Warrant for cancellation, execute and deliver a new Warrant evidencing the right of the Holder to purchase the balance of the shares purchasable hereunder. Upon receipt by the Company of this Warrant and the Exercise Price at the office of the Company, in proper form for exercise, the Holder shall be deemed to be the holder of record of the shares of Common Stock issuable upon such exercise, notwithstanding that certificates representing such shares of Common Stock shall not then be actually delivered to the Holder. If the subscription rights represented hereby shall not be exercised at or before 5:00 P.M., Pacific Time, on the expiration date specified above, this Warrant shall become void and without further force or effect, and all rights represented hereby shall cease and expire. -1- 2. Rights of the Holder. Prior to exercise of this Warrant, the Holder shall not, by virtue hereof, be entitled to any rights of a shareholder in the Company, either at law or equity, and the rights of the Holder are limited to those expressed in this Warrant and are not enforceable against the Company except to the extent set forth herein.View More
Exercise of Warrant. This Warrant is being issued as of the date of investment in the Company's 9% Secured Convertible Promissory Notes (the "Issue Date"). The Warrant may be exercised in whole or in part, from time to time and expressly subject to satisfaction of vesting conditions, time, commencing on the date hereof (the "Issue Date") and expiring close of the IPO. The Warrant shall expire on the tenth (10th) fifth (5th) anniversary date hereof, of the Issue Date, by presentation and surrender hereof to the Compa...ny, with the Exercise Form annexed hereto duly executed and accompanied by payment by wire transfer or bank check of the Exercise Price for the number of shares specified in such form, together with all federal and state taxes applicable upon such exercise, if any. If this Warrant should be exercised in part only, the Company shall, upon surrender of this Warrant for cancellation, execute and deliver a new Warrant evidencing the right of the Holder to purchase the balance of the shares purchasable hereunder. Upon receipt by the Company of this Warrant and the Exercise Price at the office of the Company, in proper form for exercise, the Holder shall be deemed to be the holder of record of the shares of Common Stock issuable upon such exercise, notwithstanding that certificates representing such shares of Common Stock shall not then be actually delivered to the Holder. If the subscription rights represented hereby shall not be exercised at or before 5:00 P.M., Pacific Time, on the expiration date specified above, this Warrant shall become void and without further force or effect, and all rights represented hereby shall cease and expire. -1- 2. Rights Call Feature. The Callable Warrant may be called at the written election of the Holder. Prior Company at any time following the close of the IPO. Holders shall have 30 calendar days to exercise of this Warrant, the Holder shall not, by virtue hereof, be entitled to any rights of a shareholder in the Company, either at law or equity, and the rights of the Holder are limited to those expressed in this Warrant and are not enforceable against the Company except to the extent set forth herein. Callable Warrant. View More
Exercise of Warrant. This Warrant may be exercised in whole or in part, from time to time and expressly subject to satisfaction time, as follows: 5,000 shares of vesting conditions, Common Stock commencing on the seven-month anniversary of the date hereof (the "Issue Date") Date"), and an additional 5,000 shares of Common Stock on each monthly anniversary of the Issue Date thereafter through the twelve-month anniversary of the Issue Date, at which time this Warrant may be exercised in whole or in part, from time to ...time, as to 30,000 shares of Common Stock, and expiring on the tenth (10th) fifth (5th) anniversary date hereof, of the Issue Date, by presentation and surrender hereof to the Company, with the Exercise Form annexed hereto duly executed and accompanied by payment by bank check or wire transfer or bank check of the Exercise Price for the number of shares specified in such form, together with all federal and state taxes applicable upon such exercise, if any. If this Warrant should be exercised in part only, the Company shall, upon surrender of ‘of this Warrant for cancellation, execute and deliver a new Warrant evidencing the right of the Holder to purchase the balance of the shares purchasable hereunder. hereunder with otherwise identical terms hereto. Upon receipt by the Company of this Warrant and the Exercise Price at the office of the Company, in proper form for exercise, the Holder shall be deemed to be the holder of record of the shares of Common Stock issuable upon such exercise, exercise of the close of business on the date on which this Warrant shall have been so exercised, such shares to be free and clear of encumbrances (other than securities laws), validly issued, fully-paid and nonassessable, notwithstanding that certificates representing such shares of Common Stock shall not then be actually delivered to the Holder. If the subscription rights represented hereby shall not be exercised at or before 5:00 P.M., Pacific Time, on the expiration date specified above, this Warrant shall become void and without further force or effect, and all rights represented hereby shall cease and expire. -1- 2. Rights of the Holder. Prior to exercise of this Warrant, the Holder shall not, by virtue hereof, be entitled to any rights of a shareholder in the Company, either at law or equity, and the rights of the Holder are limited to those expressed in this Warrant and are not enforceable against the Company except to the extent set forth herein.View More
Exercise of Warrant. At any time before the Expiration Date, the Holder may exercise the purchase rights represented by this Warrant, in whole or in part, by surrendering this Warrant and the duly executed Notice of Exercise form attached hereto at the Corporation's principal corporate office pursuant to the Notice provisions of Section 11, and by paying the Corporation, by check payable to the Corporation, the aggregate Warrant Price for the shares of Common Stock being purchased. 2.1 Delivery of Certificates. With...in fourteen (14) days after receipt of each exercise of the purchase rights represented by this Warrant, the Corporation's transfer agent shall deliver a book entry statement for the shares of Common Stock so purchased to the Holder and, unless this Warrant has been fully exercised or expired, the Corporation shall deliver a new Warrant representing the balance of the shares of Common Stock subject to this Warrant. 2 2.2 Effect of Exercise. The person entitled to receive the shares of Common Stock issuable upon any exercise of the purchase rights represented by this Warrant shall be treated for all purposes as the holder of such shares of record as of the close of business on the date of exercise. 2.3 Issuance Taxes. The Corporation shall pay all issuance tax that may be payable in respect of any issuance to the Holder of shares of Common Stock upon exercise of this Warrant.View More
Exercise of Warrant. (a) At any time before the Expiration Date, the Holder may exercise the purchase rights represented by this Warrant, in whole or in part, by surrendering this Warrant and the (with a duly executed Notice of Exercise subscription in the form attached hereto attached) at the Corporation's principal corporate office pursuant to (located on the Notice provisions of Section 11, date hereof in Tustin, California) and by paying the Corporation, by check payable to the Corporation, the aggregate Warrant... Price for the shares of Common Stock being purchased. 1 (b) In lieu of exercising this Warrant pursuant to Section 1(a) above, the Holder may elect to exercise this Warrant on a "cashless" basis and to receive, without the payment by the Holder of any additional consideration, shares of Common Stock equal to the value of this Warrant (or the portion thereof being cancelled) by surrender of this Warrant at the principal office of the Corporation (together with a duly executed subscription in the form attached), in which event the Corporation shall issue to the Holder hereof a number of shares of 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 pursuant to this net exercise; Y = The number of shares of Common Stock in respect of which the net issue election is made; A = The fair market value of one share of the Common Stock at the time the net issue election is made; B = The Warrant Price (as adjusted to the date of the net issuance). For purposes of this Warrant, the "fair market value" of one share of Common Stock as of a particular date shall be determined as follows: (i) if traded on a securities exchange or through an interdealer quotation system such as the OTC Bulletin Board or the OTC Markets (or any successor thereto), the value shall be deemed to be the average of the closing sale prices of the Common Stock on such exchange or quotation system over the ten (10) day period ending three (3) days prior to the net exercise election; (ii) if traded over-the-counter, the value shall be deemed to be the average of the closing sale price over the ten (10) day period ending three (3) days prior to the net exercise. If there is no reported sale price for the Common Stock, the fair market value of the Common Stock shall be the value as determined in good faith by the Board of Directors of the Corporation. 2.1 Delivery of Certificates. Within fourteen (14) three (3) days after receipt of each exercise of the purchase rights represented by this Warrant, the Corporation's transfer agent Corporation shall deliver a book entry statement certificate for the shares of Common Stock so purchased to the Holder and, unless this Warrant has been fully exercised or expired, the Corporation shall deliver a new Warrant representing the balance of the shares of Common Stock subject to this Warrant. 2 2.2 Effect of Exercise. The person entitled to receive the shares of Common Stock issuable upon any exercise of the purchase rights represented by this Warrant shall be treated for all purposes as the holder of such shares of record as of the close of business on the date of exercise. 2.3 Issuance Issue Taxes. The Corporation shall pay all issuance tax issue and other taxes that may be payable in respect of any issuance issue or delivery to the Holder of shares of Common Stock upon exercise of this Warrant. View More
Exercise of Warrant. At any time before the Expiration Date, the Holder may exercise the purchase rights represented by this Warrant, in whole or in part, by surrendering this Warrant and the (with a duly executed Notice of Exercise subscription in the form attached hereto attached) at the Corporation's principal corporate office pursuant to (located on the Notice provisions of Section 11, date hereof in Niagara Falls, New York) and by paying the Corporation, by check payable to the Corporation, certified or cashier...'s check, the aggregate Warrant Price for the shares of Common Stock being purchased. 2.1 Delivery of Certificates. Within fourteen (14) thirty (30) days after receipt of each exercise of the purchase rights represented by this Warrant, the Corporation's transfer agent Corporation shall deliver a book entry statement certificate for the shares of Common Stock so purchased to the Holder and, unless this Warrant has been fully exercised or expired, the Corporation shall deliver a new Warrant representing the balance of the shares of Common Stock subject to this Warrant. 2 2.2 Effect of Exercise. The person entitled to receive the shares of Common Stock issuable upon any exercise of the purchase rights represented by this Warrant shall be treated for all purposes as the holder of such shares of record as of the close of business on the date of exercise. 2.3 Issuance Taxes. The Corporation shall pay all issuance tax that may be payable in respect of any issuance to the Holder of shares of Common Stock upon exercise of this Warrant.View More
Exercise of Warrant. On the Effective Date or the first business day immediately thereafter, the Warrant Holder shall exercise a minimum of $600,000 of its Series 3 Warrants, provided, however, as a condition to the Warrant Holder's obligations hereunder, the Company shall have received duly executed lock-up agreements from all other holders of Securities, substantially in the form of the Lock-Up Agreement (as defined below). The execution and delivery of such duly executed lock-up agreements from each holder of Sec...urities is a condition precedent to the effectiveness of this Agreement, and a failure by the other holders of the Warrants to deliver such lock-up agreements will render this Agreement null and void ab initio and of no legal force and effect.View More
Exercise of Warrant. On the Effective Date or the first business day immediately thereafter, By 5:00 p.m. Eastern Time on November 16, 2018, the Warrant Holder shall Holder, at its sole option, may elect to exercise a minimum of $600,000 of its Series 3 Warrants, provided, however, as a condition to the Warrant Holder's obligations hereunder, the Company shall have received duly executed lock-up agreements from all other holders of Securities, substantially in the form of the Lock-Up Agreement (as defined below). be...low); provided, further, that the rights granted herein shall be in addition to, and not in limitation of, any rights to exercise the Warrants granted by the terms thereof. The execution and delivery of such duly executed lock-up agreements from each holder of Securities is a condition precedent to the effectiveness of this Agreement, and a failure by the other holders of the Warrants to deliver such lock-up agreements will render this Agreement null and void ab initio and of no legal force and effect. View More
Exercise of Warrant. 3.3 Delivery of Certificates Upon Exercise. 3.4 Rescission Rights. 3.5 Compensation for Buy-In on Failure to Timely Deliver Certificates Upon Exercise. 3.7 Company to Reaffirm Obligations.
Exercise of Warrant. 3.1 Manner of Exercise. 3.2 When Exercise Effective. 3.3 Delivery of Certificates Upon upon Exercise. 3.4 Rescission Rights. 3.5 Compensation for Buy-In on Failure to Timely Deliver Certificates Upon upon Exercise. 3.6 Partial Exercise. 3.7 Company to Reaffirm Obligations.
Exercise of Warrant. Subject to the provisions of the Warrants and this Warrant Agent Agreement, a Warrant may be exercised by the Registered Holder thereof by delivering to the Warrant Agent and to the Company, the notice of exercise, as set forth in the Warrant, duly executed and properly completed, and by paying in full, in lawful money of the United States by wire transfer to the Company (or, if available, pursuant to the cashless exercise feature as set forth in such Warrant, all cashless exercises should be di...rected to the Company for calculation of the applicable number of Warrant Shares issuable upon such cashless exercise and upon completion of such calculation by the Company, the Company shall provide the Warrant Agent with issuance instructions), the Exercise Price for each full Warrant Share as to which the Warrant is exercised and the issuance of the Warrant Shares by the Warrant Agent as set forth in the applicable Warrant. No ink-original Notice of Exercise is required to be delivered, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise be required.View More
Exercise of Warrant. Subject to the provisions of the Warrants and this Warrant Agent Agreement, a Warrant may be exercised by the Registered Holder thereof by delivering to the office of the Warrant Agent and to Agent, or at the Company, office of its successor as Warrant Agent, the notice of exercise, as set forth in the Warrant, duly executed and properly completed, executed, and by paying in full, in lawful money of the United States by wire transfer to the Company Warrant Agent (or, if available, pursuant to th...e cashless exercise feature as set forth in such Warrant, all cashless exercises should be directed to the Company for calculation of the applicable number of Warrant Shares issuable upon such cashless exercise and upon exercise. Upon completion of such calculation by the Company, the Company shall provide the Warrant Agent with issuance instructions), the Exercise Warrant Price for each full Warrant Share as to which the Warrant is exercised and the issuance of the Warrant Shares by the Warrant Agent as set forth in the applicable Warrant. No ink-original Notice of Exercise is required to be delivered, nor In no event shall any medallion guarantee (or other type of guarantee or notarization) the Registered Holder of any Notice Warrant be entitled to "net cash settle" the Warrant. The Warrant Agent will transmit to the Company the funds received from the Registered Holders for the exercise of Exercise be required. the Warrants within two (2) business days following the acceptance of such funds. View More
Exercise of Warrant. (a) This Warrant shall be exercisable for a period beginning on the date first set forth above (the "Issuance Date") and ending March 22, 2022 (the "Exercise Period"). This Warrant may be exercised in whole or in part during the Exercise Period by presentation and surrender hereof to the Company at its principal office, with the Purchase Form annexed hereto (the "Purchase Form") duly executed and accompanied by proper payment in cash or check in an amount equal to the aggregate Exercise Price of... this Warrant, as specified in such form. (b) Upon receipt by the Company of this Warrant and the Purchase Form, together with the aggregate Exercise Price, at such office, in proper form for exercise, the Holder shall be deemed to be the holder of record of the Common Stock specified in the Purchase Form (the "Warrant Shares"), notwithstanding that the transfer books of the Company shall then be closed or that certificates (if any) representing the Warrant Shares shall not then be actually delivered to the Holder. The Company shall pay any and all documentary, stamp, or similar issue taxes payable in respect of the issuance of the Warrant Shares. The Company shall not, however, be required to pay any tax that may be payable in respect of any transfer involved in the issuance or delivery of certificates (if any) representing Warrants or the Warrant Shares in a name other than that of the Holder at the time of surrender for exercise, and, until the payment of such tax, shall not be required to issue such Warrant Shares. In the event of a partial exercise of this Warrant, the Company shall execute and deliver a warrant to Holder for the remaining unexercised portion of this Warrant.View More
Exercise of Warrant. (a) This Warrant shall be exercisable for a period beginning on the date first set forth above (the "Issuance Date") and ending March 22, 2022 [___________], [2024][1] (the "Exercise Period"). This Warrant may be exercised in whole or in part during the Exercise Period by presentation and surrender hereof to the Company at its principal office, with the Purchase Form annexed hereto (the "Purchase Form") duly executed and accompanied by proper payment in cash or check in an amount equal to the ag...gregate Exercise Price of this Warrant, as specified in such form. (b) Upon receipt by the Company of this Warrant and the Purchase Form, together with the aggregate Exercise Price, at such office, in proper form for exercise, the Holder shall be deemed to be the holder of record of the Common Stock specified in the Purchase Form (the "Warrant Shares"), notwithstanding that the transfer books of the Company shall then be closed or that certificates (if any) representing the Warrant Shares shall not then be actually delivered to the Holder. The Company shall pay any and all documentary, stamp, or similar issue taxes payable in respect of the issuance of the Warrant Shares. The Company shall not, however, be required to pay any tax that may be payable in respect of any transfer involved in the issuance or delivery of certificates (if any) representing Warrants or the Warrant Shares in a name other than that of the Holder at the time of surrender for exercise, and, until the payment of such tax, shall not be required to issue such Warrant Shares. In the event of a partial exercise of this Warrant, the Company shall execute and deliver a warrant to Holder for the remaining unexercised portion of this Warrant. 1 2. Transfer, Assignment, or Loss of Warrant. The Holder of this Warrant shall be entitled to transfer or assign its interest in this Warrant subject only to the applicable securities laws. Upon such assignment and surrender of this Warrant to the Company, the Company shall, without charge, execute and deliver a new Warrant in the name of the assignee named in such instrument of assignment and this Warrant shall promptly be cancelled. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft, destruction, or mutilation of this Warrant (which may be an affidavit of the Holder in the case of loss, theft, destruction), and (in the case of loss, theft, or destruction) of reasonably satisfactory indemnification, and upon surrender and cancellation of this Warrant, if mutilated, the Company shall execute and deliver a new Warrant of like term and date. View More
Exercise of Warrant. (a) Subject to the other provisions set forth herein, this Warrant may be exercised by presentation and surrender to the Company at its principal office, or at the office of its principal stock transfer agent, with the Purchase Form annexed hereto duly executed and accompanied by payment of the Exercise Price for the Warrant Shares. Payment shall be made by wire transfer, electronic funds transfer or by certified or official bank check. As soon as practicable after the exercise of this Warrant, ...and in any event within three New York Stock Exchange, Inc. trading days, the Company shall issue and deliver to the Holder a certificate or certificates representing the number of Shares issuable upon the exercise of this Warrant (or such lesser number as shall be indicated on the Purchase Form), registered in the name of the Holder or his designee. Such certificate(s) shall bear a restrictive legend restricting the transferability of such shares under the Securities Act of 1933, as amended (the "Act"). (b) If this Warrant is exercised only in part, the Company also shall issue and deliver to the Holder a new Warrant, substantially in the form of this Warrant, covering the number of Warrant Shares which then remain issuable hereunder. (c) The Company shall pay any and all documentary stamp or similar issue or transfer taxes payable in respect of the issue or delivery of Warrant Shares on exercise of this Warrant.View More
Exercise of Warrant. (a) Subject to the other provisions set forth herein, this Warrant may be exercised by presentation and surrender to the Company at its principal office, or at the office of its principal stock transfer agent, with the Purchase Form annexed hereto duly executed and accompanied by payment of the Exercise Price for the Warrant Shares. Payment shall be made by wire transfer, electronic funds transfer or by certified or official bank check. As soon as practicable after the exercise of this Warrant, ...and in any event within three New York Stock Exchange, Inc. trading days, the Company shall issue and deliver to the Holder Telebrands a certificate or certificates representing the number of Shares issuable upon the exercise of this Warrant (or such lesser number as shall be indicated on the Purchase Form), registered in the name of the Holder Telebrands or his designee. Such certificate(s) shall shall: (i) bear a restrictive legend restricting the transferability of such shares under the Securities Act of 1933, as amended (the "Act"). "Act"); (ii) bear a restrictive legend restricting voting and transferability of such shares under a certain Voting Trust Agreement dated as of October 15, 2012 by and among the Company and certain shareholders thereof (the "Voting Trust Agreement"); and (iii) be delivered to, transferred to and registered in the name of, the Trustee (as such term is defined in the Voting Trust Agreement) in accordance with the provisions of the Voting Trust Agreement. (b) If this Warrant is exercised only in part, the Company also shall issue and deliver to the Holder Telebrands a new Warrant, substantially in the form of this Warrant, covering the number of Warrant Shares which then remain issuable hereunder. (c) The Company shall pay any and all documentary stamp or similar issue or transfer taxes payable in respect of the issue or delivery of Warrant Shares on exercise of this Warrant. View More
Exercise of Warrant. A. This Warrant may be exercised in whole or in part by Warrant Holder or the registered holder at any time within four years from the issuance date of the Warrant, upon the following terms and conditions: The Warrant Holder and/or the registered holder hereof shall be entitled to exercise this Warrant, at any time within four years after the issuance date of the Warrant. 2 Warrant Holder and/or the registered holder hereof must give written notice at the offices of the Company of its intention ...to exercise the Warrant in whole or in part. Upon delivery of this Warrant at the offices of the Company or at such other address as the Company may designate by notice in writing to Warrant Holder with the Notice of Exercise annexed hereto duly executed, accompanied by payment of the Warrant Price for the number of Warrant Shares purchased, the Warrant Holder and/or the registered holder of this Warrant shall be entitled to receive a certificate or certificates for the Warrant Shares so purchased and the Company agrees that at all times during the term of this Warrant it shall cause to be reserved for issuance such number of shares of its common stock as shall be required for issuance and delivery upon exercise of this Warrant. In the event of a partial exercise and purchase of Warrant Shares, the Company shall issue an exchange warrant that can thereafter be utilized to exercise for purchase of the remaining Warrant Shares not as yet purchased, which warrant shall be issued on the same terms and conditions as set forth herein, but adjusted for the remaining number of shares that are subject to the Warrant.View More
Exercise of Warrant. A. This Warrant may be exercised in whole or in part by Warrant Holder or the registered holder at any time within four two years from the issuance date of the Warrant, upon the following terms and conditions: The Warrant Holder and/or the registered holder hereof shall be entitled to exercise this Warrant, at any time within four two years after the issuance date of the Warrant. 2 Warrant Holder and/or the registered holder hereof must give written notice at the offices of the Company of its in...tention to exercise the Warrant in whole or in part. Upon delivery of this Warrant at the offices of the Company or at such other address as the Company may designate by notice in writing to Warrant Holder with the Notice of Exercise annexed hereto duly executed, accompanied by payment of the Warrant Price for the number of Warrant Shares purchased, the Warrant Holder and/or the registered holder of this Warrant shall be entitled to receive a certificate or certificates for the Warrant Shares so purchased and the Company agrees that at all times during the term of this Warrant it shall cause to be reserved for issuance such number of shares of its common stock as shall be required for issuance and delivery upon exercise of this Warrant. In the event of a partial exercise and purchase of Warrant Shares, the Company shall issue an exchange warrant that can thereafter be utilized to exercise for purchase of the remaining Warrant Shares not as yet purchased, which warrant shall be issued on the same terms and conditions as set forth herein, but adjusted for the remaining number of shares that are subject to the Warrant. B. In the event that the Company raises at least $2,500,000 in gross proceeds pursuant to a rights offering or other equity financings (for the avoidance of doubt, excluding equity financing by way of conversion of debt into equity) completed on or before June 1, 2019 (the "Rights Offering") and at least 91% of the Series B Convertible Preferred Stock of the Company issued and outstanding as of the date hereof has been converted into Common Stock, the Warrant Holder and/or the registered holder hereof must exercise this Warrant in full on the date that the Rights Offering is completed; provided however that the Warrant Holder is not obligated to exercise the Warrant if the Company lacks sufficient authorized Common Stock for the exercise of the Warrant. As the Company will need the proceeds from the exercise of the Warrant to continue as a going concern, the Warrant Holder acknowledges that the Company may take certain actions relating to the conversion of the Series B Convertible Preferred Stock into Common Stock including seeking Shareholder approval to approve amendments to the Company's Amended and Restated Certificate of Incorporation, as amended, to decrease the conversion price of the Series B Convertible Preferred Stock and increase the Company's authorized capital. For the avoidance of doubt, the Warrant Holder or the registered holder hereof shall have no obligation to exercise all or any part of the Warrant except as otherwise expressly agreed in this paragraph. 3 2. Transfer or Assignment of Warrant. Any assignment or transfer of this Warrant which is permissible shall be made by surrender of this Warrant at the offices of the Company or at such other address as the Company may designate in writing to the Warrant Holder or the registered holder hereof with the Assignment Form annexed hereto duly executed and accompanied by payment of any requisite transfer taxes and the Company shall, provided all conditions with respect thereto as set forth herein, if any, have been complied with, without charge, execute and deliver a new Warrant of like tenor and amount in the name of the assignee or transferee. The Company shall process such transfer in a timely manner and agrees to complete the transfer within five (5) business days after tender of the appropriate documents necessary for such transfer. View More
Exercise of Warrant. The Holder may exercise this Warrant, in whole or in part (except as to a fractional Common Unit), during the period beginning on the closing of the Qualified Financing and ending at the Expiration Time, by (i) delivering a subscription agreement, in the form attached hereto as Exhibit A (the "Subscription Form"), duly executed by the Holder, specifying the number of Warrant Units to be issued to the Holder as a result of such exercise, (ii) surrendering this Warrant to the Company, properly end...orsed by the Holder (or if this Warrant has been destroyed, stolen or has otherwise been misplaced, by delivering to the Company an affidavit of loss duly executed by the Holder), and (iii) tendering payment for the Common Units designated by the Subscription Form in lawful money of the United States in the form of cash, bank or certified check made payable to the order of the Company, or by wire transfer of immediately available funds, or in any combination thereof, of the applicable Exercise Price as to which this Warrant is being exercised.View More
Exercise of Warrant. The Holder may exercise this Warrant, in whole or in part (except as to a fractional Common Unit), share), during the period beginning on the closing of the Qualified Financing Original Issue Date and ending at on the Expiration Time, Date, by (i) delivering a subscription agreement, in the form attached hereto as Exhibit A (the "Subscription Form"), duly executed by the Holder, specifying the number of Warrant Units Shares to be issued to the Holder as a result of such exercise, (ii) surrenderi...ng this Warrant to the Company, properly endorsed by the Holder (or if this Warrant has been destroyed, stolen or has otherwise been misplaced, by delivering to the Company an affidavit of loss duly executed by the Holder), and (iii) tendering payment for the shares of Common Units Stock designated by the Subscription Form Exercise Notice in lawful money of the United States in the form of cash, bank or certified check made payable to the order of the Company, or by wire transfer of immediately available funds, or by the cancellation of indebtedness of the Company owed to the Holder, or in any combination thereof, of the applicable Exercise Price as to which this Warrant is being exercised. View More
