No Fractional Shares Clause Example with 13 Variations from Business Contracts

No Fractional Shares. No fractional Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares that would otherwise be issuable, the number of Warrant Shares to be issued shall be rounded down to the next whole number and the Company shall pay the Holder in cash the fair market value (based on the Closing Sale Price) for any such fractional shares. 8 7 13. Notices. Any and all notices or other communications or deliveries hereunder (including, without limitation, a...ny Exercise Notice) shall be in writing and shall be deemed given and effective on the earliest of (i) the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number specified in the Purchase Agreement confirmed e-mail prior to 5:30 P.M., New York City time, on a Trading Day, (ii) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number specified in the Purchase Agreement confirmed e-mail on a day that is not a Trading Day or later than 5:30 P.M., New York City time, on any Trading Day, (iii) the Trading Day following the date of mailing, if sent by nationally recognized overnight courier service specifying next business day delivery, or (iv) upon actual receipt by the Person to whom such notice is required to be given, if by hand delivery. The address addresses and facsimile number of a Person e-mail addresses for such notices or communications shall be as be: If to the Company: CymaBay Therapeutics, Inc. 7575 Gateway Boulevard, Suite 110 Newark, CA 94560 with copies to: Cooley LLP 3175 Hanover Street Palo Alto, California 94304 Facsimile: (650) 849-7400 Attention: Matthew B. Hemington If to the Holder, to its address or e-mail address set forth herein or on the books and records of the Company. Or, in each of the Purchase Agreement unless changed above instances, to such other address or e-mail address as the recipient party has specified by such Person by two (2) Trading Days' written notice given to each other party at least five (5) days prior notice to the other Persons in accordance with this Section 13. effectiveness of such change. View More

No Fractional Shares. No fractional Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares that would otherwise be issuable, the number of Warrant Shares to be issued shall be rounded down to the next whole number and the Company shall pay the Holder in cash the fair market value (based on the Closing Sale Price) for any such fractional shares. 8 7 13. Notices. Any and all notices or other communications or deliveries hereunder (including, without limitation, a...ny Exercise Notice) shall be in writing and shall be deemed given and effective on the earliest of (i) the date time of transmission, if such notice or communication is delivered via facsimile or confirmed e-mail at the facsimile number or e-mail address specified in the Purchase Agreement books and records of the Transfer Agent prior to 5:30 P.M., New York City time, on a Trading Day, Day so long as the sender of an e-mail has not received an automated notice of delivery failure from the proposed recipient's computer server, (ii) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile or confirmed e-mail at the facsimile number or e-mail address specified in the Purchase Agreement books and records of the Transfer Agent on a day that is not a Trading Day or later than 5:30 P.M., New York City time, on any Trading Day, Day so long as the sender of an e-mail has not received an automated notice of delivery failure from the proposed recipient's computer server, (iii) the Trading Day following the date of mailing, if sent by nationally recognized overnight courier service specifying next business day delivery, or (iv) upon actual receipt by the Person to whom such notice is required to be given, if by hand delivery. The address and facsimile number of a Person for such notices To the extent that any notice provided hereunder constitutes, or communications shall be as set forth in contains, material, non-public information regarding the Purchase Agreement unless changed by such Person by two (2) Trading Days' prior notice to Company or any subsidiaries, the other Persons in accordance with this Section 13. Company acknowledges its disclosure obligations under Regulation FD. View More

No Fractional Shares. No fractional Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares that which would otherwise be issuable, the number of Warrant Shares to be issued shall be rounded down up to the next whole number and the Company shall pay the Holder in cash the fair market value (based on the Closing Sale Price) for any such fractional shares. 8 13. number. 5 11. Notices. Any and all notices or other communications or deliveries hereunder (including, ...without limitation, any Exercise Notice) shall be in writing and shall be deemed given and effective on the earliest of (i) the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number specified in the Purchase Agreement email prior to 5:30 P.M., New York City time, 5:00 p.m. (prevailing Pacific time) on a Trading Day, (ii) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number specified in the Purchase Agreement email on a day that is not a Trading Day or later than 5:30 P.M., New York City time, 5:00 p.m. (prevailing Pacific time) on any Trading Day, (iii) the Trading Day following the date of mailing, if sent by nationally recognized overnight courier service specifying next business day delivery, or (iv) upon actual receipt by the Person party to whom such notice is required to be given, if by hand delivery. The address and facsimile number of a Person party for such notices or communications shall be as set forth in the Purchase Agreement records of the Company unless changed by such Person party by two (2) Trading Days' prior notice to the other Persons party in accordance with this Section 13. 11. View More

No Fractional Shares. No fractional Warrant Shares shares of Common Stock will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares that would which would, otherwise be issuable, the number of Warrant Shares to be issued shall be rounded down to the next whole number and the Company shall pay cash equal to the Holder in cash product of such fraction multiplied by the fair market value (based closing price of one Warrant Share as reported by the applicable Trading Market on the C...losing Sale Price) for any such fractional shares. 8 13. date of exercise. 7 14. Notices. Any and all notices or other communications or deliveries hereunder (including, without limitation, any Exercise Notice) shall be in writing and shall be deemed given and effective on the earliest of (i) the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number specified in the Purchase Agreement this Section prior to 5:30 P.M., New 6:30 p.m. (New York City time, time) on a Trading Day, (ii) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number specified in the Purchase Agreement this Section on a day that is not a Trading Day or later than 5:30 P.M., New 6:30 p.m. (New York City time, time) on any Trading Day, (iii) the Trading Day following the date of mailing, if sent by nationally recognized overnight courier service specifying next business day delivery, service, or (iv) upon actual receipt by the Person party to whom such notice is required to be given, if by hand delivery. given. The address and facsimile number of a Person addresses for such notices or communications shall be as set forth in the Purchase Agreement unless changed by such Person by two (2) Trading Days' prior notice be: (i) if to the Company, to 9002 Technology Lane, Fishers, IN 46038, telecopy number: (606) 393-0190, Attention: Chief Executive Officer (or such other Persons address as the Company shall indicate in writing in accordance with this Section 13. Section), or (ii) if to the Holder, to the address or facsimile number appearing on the Warrant Register or such other address or facsimile number as the Holder may provide to the Company in accordance with this Section. View More

No Fractional Shares. No fractional Warrant Shares shares of Common Stock will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares that would which would, otherwise be issuable, the number of Warrant Shares to be issued shall be rounded down to the next whole number and the Company shall pay cash equal to the Holder in cash product of such fraction multiplied by the fair market value (based closing price of one Warrant Share as reported by the applicable Trading Market on the C...losing Sale Price) for any such fractional shares. 8 13. date of exercise. 7 14. Notices. Any and all notices or other communications or deliveries hereunder (including, without limitation, any Exercise Notice) shall be in writing and shall be deemed given and effective on the earliest of (i) the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number specified in the Purchase Agreement this Section prior to 5:30 P.M., New 6:30 p.m. (New York City time, time) on a Trading Day, (ii) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number specified in the Purchase Agreement this Section on a day that is not a Trading Day or later than 5:30 P.M., New 6:30 p.m. (New York City time, time) on any Trading Day, (iii) the Trading Day following the date of mailing, if sent by nationally recognized overnight courier service specifying next business day delivery, service, or (iv) upon actual receipt by the Person party to whom such notice is required to be given, if by hand delivery. given. The address and facsimile number of a Person addresses for such notices or communications shall be as set forth in the Purchase Agreement unless changed by such Person by two (2) Trading Days' prior notice be: (i) if to the Company, to 9002 Technology Lane, Fishers, IN 46038, telecopy number: 606-393-0190, Attention: Chief Executive Officer (or such other Persons address as the Company shall indicate in writing in accordance with this Section 13. Section), or (ii) if to the Holder, to the address or facsimile number appearing on the Warrant Register or such other address or facsimile number as the Holder may provide to the Company in accordance with this Section. View More

No Fractional Shares. No fractional Warrant Shares shares of Common Stock will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares that would which would, otherwise be issuable, the number of Warrant Shares to be issued shall be rounded down to the next whole number and the Company shall pay cash equal to the Holder in cash product of such fraction multiplied by the fair market value (based closing price of one Warrant Share as reported by the applicable Trading Market on the C...losing Sale Price) for any such fractional shares. 8 13. date of exercise. 7 14. Notices. Any and all notices or other communications or deliveries hereunder (including, without limitation, any Exercise Notice) shall be in writing and shall be deemed given and effective on the earliest of (i) the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number specified in the Purchase Agreement this Section prior to 5:30 P.M., New 6:30 p.m. (New York City time, time) on a Trading Day, (ii) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number specified in the Purchase Agreement this Section on a day that is not a Trading Day or later than 5:30 P.M., New 6:30 p.m. (New York City time, time) on any Trading Day, (iii) the Trading Day following the date of mailing, if sent by nationally recognized overnight courier service specifying next business day delivery, service, or (iv) upon actual receipt by the Person party to whom such notice is required to be given, if by hand delivery. given. The address and facsimile number of a Person addresses for such notices or communications shall be as set forth in the Purchase Agreement unless changed by such Person by two (2) Trading Days' prior notice be: (i) if to the Company, to 9002 Technology Lane, Fishers, IN 46038, telecopy number: [___], Attention: Chief Executive Officer (or such other Persons address as the Company shall indicate in writing in accordance with this Section 13. Section), or (ii) if to the Holder, to the address or facsimile number appearing on the Warrant Register or such other address or facsimile number as the Holder may provide to the Company in accordance with this Section. View More

No Fractional Shares. No fractional shares of Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares that would which would, otherwise be issuable, the number of Warrant Shares to be issued shall be rounded down to the next whole number and the Company shall pay cash equal to the Holder in cash product of such fraction multiplied by the fair market value (based closing price of one Warrant Share as reported by the applicable Trading Market on the Closing Sale P...rice) for any such fractional shares. 8 date of exercise. 7 13. Notices. Any and all notices or other communications or deliveries hereunder (including, without limitation, any Exercise Notice) shall be in writing and shall be deemed given and effective on the earliest of (i) the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number specified in the Purchase Agreement this Section prior to 5:30 P.M., New p.m. (New York City time, time) on a Trading Day, (ii) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number specified in the Purchase Agreement this Section on a day that is not a Trading Day or later than 5:30 P.M., New p.m. (New York City time, time) on any Trading Day, (iii) the Trading Day following the date of mailing, if sent by nationally recognized overnight courier service specifying next business day delivery, service, or (iv) upon actual receipt by the Person party to whom such notice is required to be given, if by hand delivery. given. The address and facsimile number of a Person addresses for such notices or communications shall be as set forth in the Purchase Agreement unless changed by such Person by two (2) Trading Days' prior notice be: (i) if to the Company, to 3333 S. Congress Avenue, Suite 401, Delray Beach, FL 33445, facsimile: [ ], (or such other Persons address as the Company shall indicate in writing in accordance with this Section 13. Section), or (ii) if to the Holder, to the address or facsimile number appearing on the Warrant Register or such other address or facsimile number as the Holder may provide to the Company in accordance with this Section. View More

No Fractional Shares. No fractional Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares that would otherwise be issuable, the number of Warrant Shares to be issued shall be rounded down to the next whole number and the Company shall pay the Holder in cash the fair market value (based on the Closing Sale Price) for any such fractional shares. 8 number. 7 13. Notices. Any and all notices or other communications or deliveries hereunder (including, without limit...ation, any Exercise Notice) shall be in writing and shall be deemed given and effective on the earliest of (i) the date of transmission, if such notice or communication is delivered via facsimile or confirmed e-mail at the facsimile number or e-mail address specified in the Purchase Agreement books and records of the Company prior to 5:30 P.M., New York City time, 5:00 PM Eastern Time on a Trading Day, (ii) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile or confirmed e-mail at the facsimile number or e-mail address specified in the Purchase Agreement books and records of the Company on a day that is not a Trading Day or later than 5:30 P.M., New York City time, 5:00 PM Eastern Time on any Trading Day, (iii) the Trading Day following the date of mailing, if sent by nationally recognized overnight courier service specifying next business day delivery, or (iv) upon actual receipt by the Person to whom such notice is required to be given, if by hand delivery. The address and facsimile number of a Person for such notices or communications shall be as set forth in the Purchase Agreement unless changed by such Person by two (2) Trading Days' prior notice to the other Persons in accordance with this Section 13. View More

No Fractional Shares. No fractional Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares that would otherwise be issuable, the number of Warrant Shares to be issued shall be rounded down to the next whole number and the Company shall pay the Holder in cash the fair market value (based on the Closing Sale Price) for any such fractional shares. 8 13. Notices. Any and all notices or other communications or deliveries hereunder (including, without limitation, any... Exercise Notice) shall be in writing and shall be deemed given and effective on the earliest of (i) the date of transmission, if such notice or communication is delivered via facsimile or confirmed e-mail at the facsimile number or e-mail address specified in the Purchase Agreement books and records of the Transfer Agent prior to 5:30 P.M., New York City time, on a Trading Day, (ii) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile or confirmed e-mail at the facsimile number or e-mail address specified in the Purchase Agreement books and records of the Transfer Agent on a day that is not a Trading Day or later than 5:30 P.M., New York City time, on any Trading Day, (iii) the Trading Day following the date of mailing, if sent by nationally recognized overnight courier service specifying next business day delivery, or (iv) upon actual receipt by the Person to whom such notice is required to be given, if by hand delivery. The address and facsimile number of a Person for such notices or communications shall be as set forth in the Purchase Agreement unless changed by such Person by two (2) Trading Days' prior notice to the other Persons in accordance with this Section 13. View More

No Fractional Shares. No fractional Warrant Shares will be issued in connection with any exercise of this Warrant. In lieu of any fractional shares that would which would, otherwise be issuable, the number of Warrant Shares to be issued shall be rounded down to the next whole number and the Company shall pay the Holder in cash the fair market value (based on the Closing Sale Price) for any such fractional shares. 8 13. 6 12. Notices. Any and all notices or other communications or deliveries required or permitted to b...e provided hereunder (including, without limitation, any Exercise Notice) shall be in writing and shall be deemed given and effective on the earliest of (i) the date of transmission, if such notice or communication is delivered via facsimile (provided the sender receives a machine generated confirmation of successful transmission) at the facsimile number specified in the Purchase Subscription Agreement prior to 5:30 5:00 P.M., New York City time, on a Trading Day, (ii) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number specified in the Purchase Subscription Agreement on a day that is not a Trading Day or later than 5:30 5:00 P.M., New York City time, on any Trading Day, (iii) the Trading Day following the date of mailing, if sent by nationally recognized overnight courier service specifying next business day delivery, or (iv) upon actual receipt by the Person party to whom such notice is required to be given, if by hand delivery. The address and facsimile number of a Person party for such notices or communications shall be as set forth in the Purchase Subscription Agreement unless changed by such Person party by two (2) Trading Days' prior notice to the other Persons party in accordance with this Section 13. 12. View More