Payment of Exercise Price Clause Example with 20 Variations from Business Contracts
This page contains Payment of Exercise Price 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.
Payment of Exercise Price. The Holder may pay the Exercise Price in one of the following manners: (a) Cash Exercise. The Holder may deliver immediately available funds; or (b) Cashless Exercise. The Holder may notify the Company in an Exercise Notice of its election to utilize cashless exercise, in which event the Company shall issue to the Holder the number of Warrant Units determined as follows: X = Y [(A-B)/A] where: X = the number of Warrant Shares to be issued to the Holder. Y = the number of Warrant Shares with resp...ect to which this Warrant is being exercised. A = the average of the daily volume weighted average price for the Common Stock for the five Trading Days immediately prior to (but not including) the Exercise Date. B = the Exercise Price. For purposes of Rule 144 promulgated under the Securities Act, it is intended, understood and acknowledged that the Warrant Shares issued in a cashless exercise transaction shall be deemed to have been acquired by the Holder, and the holding period for the Warrant Shares shall be deemed to have commenced, on the date this Warrant was originally issued.View More
Variations of a "Payment of Exercise Price" Clause from Business Contracts
Payment of Exercise Price. The Holder may pay the Exercise Price in one of the following manners: (a) Cash Exercise. The Holder may deliver immediately available funds; or (b) Cashless Exercise. The Notwithstanding anything contained herein to the contrary, if at the time of exercise hereof the Registration Statement is not effective (or the prospectus contained therein is not available for use) for the issuance of all of the Warrant Shares, then the Holder may notify may, in its sole discretion, exercise this Warrant in ...whole or in part and, in lieu of making the cash payment otherwise contemplated to be made to the Company upon such exercise in an payment of the Aggregate Exercise Notice Price, elect instead to receive upon such exercise the "Net Number" of its election to utilize cashless exercise, in which event the Company shall issue Warrant Shares determined according to the Holder the number of Warrant Units determined as follows: following formula (a "Cashless Exercise"): X = Y [(A-B)/A] where: X = the number of Warrant Shares to be issued to the Holder. Y = the number of Warrant Shares with respect to which this Warrant is being exercised. A = the average of the daily volume weighted average price for the Common Stock Closing Prices for the five Trading Days immediately prior to (but not including) the Exercise Date. B = the Exercise Price. For purposes of Rule 144 promulgated under the Securities Act, it is intended, understood and acknowledged that the Warrant Shares issued in a cashless exercise transaction shall be deemed to have been acquired by the Holder, and the holding period for the Warrant Shares shall be deemed to have commenced, on the date this Warrant was originally issued. View More
Payment of Exercise Price. The Holder may pay the Exercise Price in one of the following manners: (a) Cash Exercise. The Holder may deliver immediately available funds; or (b) Cashless Exercise. The If on the Date of Exercise there is no effective registration statement registering, or the prospectus contained therein is not available for, the resale of the Warrant Units, the Holder may notify the Company in an Exercise Notice of its election to utilize cashless exercise, in which event the Company shall issue to the Hold...er the number of Warrant Units determined as follows: X = Y [(A-B)/A] where: X = the number of Warrant Shares Units to be issued to the Holder. Y = the number of Warrant Shares Units with respect to which this Unit Warrant is being exercised. A = the average of the daily volume weighted average price for of the Units (or the sum of the average of the daily volume weighted average price of the Common Stock and Warrants underlying the Units, as applicable) for the five Trading Days immediately prior to (but not including) the Exercise Date. Date of Exercise. B = the Exercise Price. For purposes of Rule 144 promulgated under the Securities Act, it is intended, understood and acknowledged that the Warrant Shares Units issued in a cashless exercise transaction shall be deemed to have been acquired by the Holder, and the holding period for the Warrant Shares Units shall be deemed to have commenced, on the date this Unit Warrant was originally issued. View More
Payment of Exercise Price. The Holder may pay the Exercise Price in one of the following manners: (a) Cash Exercise. The Holder may deliver the Exercise Price in the form of a check payable to American Stock Transfer & Trust Company LLC, or by wire transfer of immediately available funds; funds to an account designated by the Warrant Agent; or (b) Cashless Exercise. The At a time when a registration statement permitting the Holder to resell the Warrant Shares is not then effective or the prospectus forming a part thereof ...is not then available to the Holder for the resale of the Warrant Shares, then the Holder may notify the Company in deliver an Exercise Notice to the Company at the address set forth in Section 13 of its election to utilize a cashless exercise, in which event the Company shall issue to the Holder the number of Warrant Units Shares determined as follows: X = Y [(A-B)/A] where: X = the number of Warrant Shares to be issued to the Holder. Y = the number of Warrant Shares with respect to which this the Warrant is being exercised. A = the average of the daily volume weighted average price for the Common Stock Closing Prices for the five Trading Days immediately prior to (but not including) the Exercise Date. B = the Exercise Price. For purposes of Rule 144 promulgated under the Securities Act, it is intended, understood and acknowledged that the Warrant Shares issued in a cashless exercise transaction shall be deemed to have been acquired by the Holder, and the holding period for the Warrant Shares shall be deemed to have commenced, on the date this the Warrant was originally issued. (c) Disposition of Proceeds on Exercise of Warrants. The Warrant Agent shall promptly forward to the Company all monies received by the Warrant Agent for the purchase of shares of Common Stock through the exercise of Warrants. View More
Payment of Exercise Price. The Holder may pay the Exercise Price in one of the following manners: (a) Cash Exercise. The Holder may deliver immediately available funds; or (b) Cashless Exercise. The In lieu of a cash exercise pursuant to Section 10(a), the Holder may notify the Company in an Exercise Notice of its election to utilize cashless exercise, in which event the Company shall issue to the Holder the number of Warrant Units Shares determined as follows: follows (it being acknowledged, for the avoidance of doubt, t...hat such Warrant Shares will be unregistered): 6 X = Y [(A-B)/A] where: X = the number of Warrant Shares to be issued to the Holder. Y = the number of Warrant Shares with respect to which this Warrant is being exercised. A = the average of the daily volume weighted average price for of the Common Stock for the five Trading Days immediately prior to (but not including) the Exercise Date. Date of Exercise. B = the Exercise Price. For purposes of Rule 144 promulgated under the Securities Act, it is intended, understood and acknowledged that the Warrant Shares issued in a cashless exercise transaction shall be deemed to have been acquired by the Holder, and the holding period for the Warrant Shares shall be deemed to have commenced, on the date this Warrant was originally issued. For the avoidance of doubt, there is no circumstance that would require the Company to net cash settle the Warrant. View More
Payment of Exercise Price. The Holder may pay the Exercise Price in one of the following manners: (a) Cash Exercise. The Holder may deliver immediately available funds; or (b) Cashless Exercise. The Holder If at any time after the six-month anniversary of the issue date, there is no effective registration statement registering, or no current prospectus available for the resale of the Warrant shares by the Holder, then this Warrant may notify the Company also be exercised, in an Exercise Notice whole or in part, at such ti...me by means of its election to utilize cashless exercise, a "cashless exercise" in which event the Company shall issue to the Holder the shall be entitled to receive a number of Warrant Units determined as follows: shares equal: X = Y [(A-B)/A] where: X = the number of Warrant Shares to be issued to the Holder. Y = the number of Warrant Shares with respect to which this Warrant is being exercised. A = the average of the daily volume weighted average price for the Common Stock Closing Prices for the five Trading Days immediately prior to (but not including) the Exercise Date. B = the Exercise Price. For purposes of Rule 144 promulgated under the Securities Act, it is intended, understood and acknowledged that the Warrant Shares issued in a cashless exercise transaction shall be deemed to have been acquired by the Holder, and the holding period for the Warrant Shares shall be deemed to have commenced, on the date this Warrant was originally issued. View More
Payment of Exercise Price. The Holder may shall pay the Exercise Price in one of immediately available funds or, the following manners: (a) Cash Exercise. The Holder may deliver immediately available funds; or (b) Cashless Exercise. The Holder may notify satisfy its obligation to pay the Company in an Exercise Notice of its election to utilize cashless exercise, Price through a "cashless exercise," in which event the Company shall issue to the Holder the number of Warrant Units Shares determined as follows: X = Y [(A-B)/A...] where: X = the number of Warrant Shares to be issued to the Holder. Y = the number of Warrant Shares with respect to which this Warrant is being exercised. A = the arithmetic average of the daily volume weighted average price VWAP for the Common Stock for the five twenty Trading Days immediately prior to (but not including) the Exercise Date. B = the Exercise Price. For purposes of Rule 144 promulgated under the Securities Act, it is intended, understood and acknowledged that the Warrant Shares issued in a cashless exercise transaction shall be deemed to have been acquired by the Holder, and the holding period for the Warrant Shares shall be deemed to have commenced, on the date this Warrant was originally issued. issued pursuant to the Purchase Agreement. View More
Payment of Exercise Price. The Holder may pay the Exercise Price in one of the following manners: (a) Cash Exercise. The Holder may deliver immediately available funds; or (b) Cashless Exercise. The If an Exercise Notice is delivered at a time when a registration statement permitting the Holder to resell the Warrant Shares is not then effective or the prospectus forming a part thereof is not then available to the Holder for the resale of the Warrant Shares, then the Holder may 5 notify the Company in an Exercise Notice of... its election to utilize cashless exercise, in which event the Company shall issue to the Holder the number of Warrant Units Shares determined as follows: X = Y [(A-B)/A] × (A – B) A where: X = the number of Warrant Shares to be issued to the Holder. Y = the number of Warrant Shares with respect to which this Warrant is being exercised. A = the average of the daily volume weighted average price for the Common Stock for the five Trading Days immediately prior to (but not including) the Exercise Date. Closing Price. B = the Exercise Price. For purposes of Rule 144 promulgated under the Securities Act, it is intended, understood and acknowledged that the Warrant Shares issued in a cashless exercise transaction shall be deemed to have been acquired by the Holder, and the holding period for the Warrant Shares shall be deemed to have commenced, on the date this Warrant was originally issued. View More
Payment of Exercise Price. The Holder may pay the Exercise Price in one of the following manners: (a) Cash Exercise. The Holder may deliver immediately available funds; or (b) Cashless Exercise. The If an Exercise Notice is delivered at a time when a registration statement permitting the Holder to resell the Warrant Shares is not then effective or the prospectus forming a part thereof is not then available to the Holder for the resale of the Warrant Shares, then the Holder may notify the Company Warrant Agent in an Exerci...se Notice of its election to utilize a cashless exercise, in which event the Company shall issue to the Holder the number of Warrant Units Shares determined as follows: X = Y [(A-B)/A] where: X = the number of Warrant Shares to be issued to the Holder. Y = the number of Warrant Shares with respect to which this the Warrant is being exercised. A = the average of the daily volume weighted average price for the Common Stock Closing Prices for the five Trading Days immediately prior to (but not including) the Exercise Date. B = the Exercise Price. For purposes of Rule 144 promulgated under the Securities Act, it is intended, understood and acknowledged that the Warrant Shares issued in a cashless exercise transaction shall be deemed to have been acquired by the Holder, and the holding period for the Warrant Shares shall be deemed to have commenced, on the date this the Warrant was originally issued. (c) Disposition of Proceeds on Exercise of Warrants. The Warrant Agent shall promptly forward to the Company all monies received by the Warrant Agent for the purchase of shares of Common Stock through the exercise of Warrants. View More
Payment of Exercise Price. The Holder may pay the Exercise Price in one of the following manners: (a) Cash Exercise. The Holder may deliver immediately available funds; or (b) Cashless Exercise. The If an Exercise Notice is delivered at a time when a registration statement permitting the Holder to resell the Warrant Shares is not then effective or the prospectus forming a part thereof is not then available to the Holder for the resale of the Warrant Shares, then the Holder may 5 notify the Company in an Exercise Notice of... its election to utilize cashless exercise, in which event the Company shall issue to the Holder the number of Warrant Units Shares determined as follows: X = Y [(A-B)/A] where: X = the number of Warrant Shares to be issued to the Holder. Y = the number of Warrant Shares with respect to which this Warrant is being exercised. A = the average of the daily volume weighted average price for the Common Stock for the five Trading Days immediately prior to (but not including) the Exercise Date. Closing Price. B = the Exercise Price. For purposes of Rule 144 promulgated under the Securities Act, it is intended, understood and acknowledged that the Warrant Shares issued in a cashless exercise transaction shall be deemed to have been acquired by the Holder, and the holding period for the Warrant Shares shall be deemed to have commenced, on the date this Warrant was originally issued. View More
Payment of Exercise Price. The Holder may shall pay the Exercise Price in one of the following manners: (a) Cash Exercise. The Holder may deliver immediately available funds; or (b) Cashless Exercise. The Holder provided, however, the Holder, in its sole discretion, may notify also satisfy its obligation to pay the Company in an Exercise Notice of its election to utilize cashless exercise, Price through a "cashless exercise," in which event the Company shall issue to the Holder the number of Warrant Units Shares determine...d as follows: X = Y [(A-B)/A] where: X = the number of Warrant Shares to be issued to the Holder. Y = the number of Warrant Shares with respect to which this Warrant is being exercised. A = the average of the daily volume weighted average price for the Common Stock Closing Prices for the five Trading Days immediately prior to (but not including) the Exercise Date. B = the Exercise Price. For purposes of Rule 144 promulgated under the Securities Act, it is intended, understood and acknowledged that the Warrant Shares issued in a cashless exercise transaction shall be deemed to have been acquired by the Holder, and the holding period for the Warrant Shares shall be deemed to have commenced, on the date this Warrant was originally issued. View More
