Example ContractsClausesform of awardsVariants
Remove:

Exercise Form. In order to exercise this Purchase Warrant, the exercise form attached hereto must be duly executed and completed and delivered to the Company, together with this Purchase Warrant and payment of the Exercise Price for the Shares being purchased payable in cash by wire transfer of immediately available funds to an account designated by the Company or by certified check or official bank check. If the subscription rights represented hereby shall not be exercised at or before 5:00 p.m., Eastern time, on the Expiration Date, this Purchase Warrant shall become and be void without further force or effect, and all rights represented hereby shall cease and expire.

Exercise Form. In orderof Warrant. Exercise of the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to exercise this Purchase Warrant, the exercise form attached hereto must beCompany (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) of a duly executed and completed andfacsimile copy of the Notice of Exercise Form annexed hereto; and, within three (3) Trading Days of the date said Notice of Exercise is delivered to the Company, together with this Purchase Warrant andthe Company shall have received payment of the aggregate Exercise Price forof the Shares beingshares thereby purchased payable in cash by wire transfer of immediately available fundsor cashier’s check drawn on a United States bank. Notwithstanding anything herein to an account designated by the Company or by certified check or official bank check. Ifcontrary, the subscription rights represented herebyHolder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant Shares available hereunder shall have the effect of lowering the outstanding number of Warrant Shares purchasable hereunder in an amount equal to the applicable number of Warrant Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise Form within two (2) Business Days of receipt of such notice. In the event of any dispute or discrepancy, the records of the Holder shall be controlling and determinative in the absence of manifest error. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase hereunder at or before 5:00 p.m., Eastern time,any given time may be less than the amount stated on the Expiration Date, this Purchase Warrant shall become and be void without further force or effect, and all rights represented hereby shall cease and expire.face hereof.

Exercise Form. In orderof the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to exercise this Purchase Warrant, the exercise form attached hereto must beCompany (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) of a duly executed and completed and delivered tofacsimile (or other electronic method) copy of the Company, together with this Purchase Warrant and paymentNotice of Exercise Form annexed hereto. Within two (2) Business Days following the date of exercise as aforesaid, the Holder shall deliver the aggregate Exercise Price for the Shares being purchased payableshares specified in cashthe applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank unless the cashless exercise procedure specified in Section 2(c) below is specified in the applicable Notice of immediately available fundsExercise. Notwithstanding anything herein to an account designated by the Company or by certified check or official bank check. Ifcontrary (although the subscription rights represented herebyHolder may surrender the Warrant to, and receive a replacement Warrant from, the Company), the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Business Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant Shares available hereunder shall have the effect of lowering the outstanding number of Warrant Shares purchasable hereunder in an amount equal to the applicable number of Warrant Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise Form within one (1) Business Day of delivery of such notice. The Holder by acceptance of this Warrant, acknowledges and agrees that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase hereunder at or before 5:00 p.m., Eastern time,any given time may be less than the amount stated on the Expiration Date, this Purchase Warrant shall become and be void without further force or effect, and all rights represented hereby shall cease and expire.face hereof.

Exercise Form. In orderof the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to the Company (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) of a duly executed notice of exercise this Purchase Warrant, the exercise(“Notice of Exercise”) form attached hereto must be duly executed and completed andas [Exhibit A]; and, within three (3) Trading Days of the date said Notice of Exercise is delivered to the Company, together with this Purchase Warrant andthe Company shall have received payment of the aggregate Exercise Price forof the Shares beingshares thereby purchased payable in cash by wire transfer or cashier’s check drawn on a United States bank. No ink-original Notice of immediately available fundsExercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. Notwithstanding anything herein to an account designated by the Company or by certified check or official bank check. Ifcontrary, the subscription rights represented herebyHolder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant Shares available hereunder and the Warrant has been exercised atin full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant Shares available hereunder shall have the effect of lowering the outstanding number of Warrant Shares purchasable hereunder in an amount equal to the applicable number of Warrant Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant Shares purchased and the date of such purchases. In the event of any dispute or before 5:00 p.m., Eastern time, ondiscrepancy, the Expiration Date, this Purchase Warrantrecords of the Company shall becomebe controlling and be void without further force or effect, and all rights represented hereby shall cease and expire.determinative in the absence of manifest error.

Exercise Form. In orderof the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to exercise this Purchase Warrant, the exercise form attached hereto must beCompany (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) of a duly executed and completed and delivered tofacsimile copy of the Company, together with this Purchase Warrant and paymentNotice of Exercise Form annexed hereto. Within two (2) Trading Days following the date of exercise as aforesaid, the Holder shall deliver the aggregate Exercise Price for the Shares being purchased payableshares specified in cashthe applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank unless the cashless exercise procedure specified in Section 2(c) below is specified in the applicable Notice of immediately available fundsExercise. Notwithstanding anything herein to an account designated by the Company or by certified check or official bank check. Ifcontrary (although the subscription rights represented herebyHolder may surrender the Warrant to, and receive a replacement Warrant from, the Company), the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant Shares available hereunder shall have the effect of lowering the outstanding number of Warrant Shares purchasable hereunder in an amount equal to the applicable number of Warrant Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise Form within one (1) Trading Day of delivery of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase hereunder at or before 5:00 p.m., Eastern time,any given time may be less than the amount stated on the Expiration Date, this Purchase Warrant shall become and be void without further force or effect, and all rights represented hereby shall cease and expire.face hereof.

Exercise Form. In orderof the purchase rights represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to exercise this Purchase Warrant, the exercise form attached hereto must beCompany (or such other office or agency of the Company as it may designate by notice in writing to the registered New Purchaser at the address of the New Purchaser appearing on the books of the Company) of a duly executed and completed and delivered tofacsimile copy of the Company, together with this Purchase Warrant and paymentNotice of Exercise Form annexed hereto. Within two (2) Trading Days following the date of exercise as aforesaid, the New Purchaser shall deliver the aggregate Exercise Price for the Shares being purchased payableshares specified in cashthe applicable Notice of Exercise by wire transfer or cashier’s check drawn on a United States bank unless the cashless exercise procedure specified in Section 2(c) below is specified in the applicable Notice of immediately available fundsExercise. Notwithstanding anything herein to an account designated by the Company or by certified check or official bank check. Ifcontrary (although the subscription rights represented herebyNew Purchaser may surrender the Warrant to, and receive a replacement Warrant from, the Company), the New Purchaser shall not be required to physically surrender this Warrant to the Company until the New Purchaser has purchased all of the Warrant Shares available hereunder and the Warrant has been exercised in full, in which case, the New Purchaser shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant Shares available hereunder shall have the effect of lowering the outstanding number of Warrant Shares purchasable hereunder in an amount equal to the applicable number of Warrant Shares purchased. The Company shall maintain records showing the number of Warrant Shares purchased and the date of such purchases. The Company shall deliver any objection to any Notice of Exercise Form within one (1) Trading Day of delivery of such notice. The New Purchaser and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase hereunder at or before 5:00 p.m., Eastern time,any given time may be less than the amount stated on the Expiration Date, this Purchase Warrant shall become and be void without further force or effect, and all rights represented hereby shall cease and expire.face hereof.

Exercise Form. In order toMethod of Exercise. Holder may exercise this Purchase Warrant,Warrant in whole or in part at any time and from time to time prior to the exerciseexpiration or earlier termination hereof by delivering to the Company the original of this Warrant together with a duly executed Notice of Exercise in substantially the form attached hereto must be duly executed and completed and deliveredas [Appendix 1] and, unless Holder is exercising this Warrant pursuant to a cashless exercise set forth in Section 2.2, a check, wire transfer of same-day funds (to an account designated by the Company), or other form of payment acceptable to the Company, together with this Purchase Warrant and payment ofCompany for the aggregate Exercise Price for the Shares being purchased payablepurchased. Notwithstanding any contrary provision herein, if this Warrant was originally executed and/or delivered electronically, in cash by wire transferno event shall Holder be required to surrender or deliver an ink-signed paper copy of immediately available fundsthis Warrant in connection with its exercise hereof or of any rights hereunder, nor shall Holder be required to an account designated by the Companysurrender or by certified checkdeliver a paper or official bank check. If the subscription rights represented hereby shall not be exercised at or before 5:00 p.m., Eastern time, on the Expiration Date,other physical copy of this Purchase Warrant shall become and be void without further force or effect, and all rights represented hereby shall cease and expire.in connection with any exercise hereof.

Exercise Form. In orderSubject to Section 2 hereof, the purchase right represented by this Warrant may be exercised by the Holder, in whole or in part and from time to time, at the election of the Holder, by # the delivery of the notice of exercise this Purchase Warrant,substantially in the exercise form attached hereto must beas Exhibit A-1, duly executed and completed and deliveredexecuted, at the principal office of the Company and by the payment to the Company, together with this Purchase Warrant and payment of the Exercise Price for the Shares being purchased payable in cashby certified or bank check, or by wire transfer of immediately available funds to an account designated by the Company of an amount equal to the then applicable Exercise Price multiplied by the number of Shares then being purchased; # if in connection with a registered public offering of the Company’s securities, the delivery of the notice of exercise form attached hereto as Exhibit A-2, duly completed and executed, at the principal office of the Company together with notice of arrangements reasonably satisfactory to the Company for payment to the Company from the proceeds of the sale of shares to be sold by the Holder in such public offering of an amount equal to the then applicable Exercise Price per share multiplied by the number of Shares then being purchased; or by certified check# exercise of the “net issuance” right provided for in [Section 3(b)] hereof. The person or official bank check. Ifpersons in whose name(s) Shares shall be registered upon exercise of this Warrant shall be deemed to have become the subscription rightsholder(s) of record of, and shall be created for all purposes as the record holder(s) of, the shares represented herebythereby (and such shares shall not be exercised at or before 5:00 p.m., Eastern time,deemed to have been issued) immediately prior to the close of business on the Expiration Date,date or dates upon which this Purchase Warrant is exercised. In the event of any exercise of this Warrant, certificates for the shares of stock so purchased shall becomebe delivered to the Holder as soon as possible and be void without further force or effect, and all rights represented hereby shall cease and expire.in any event within thirty (30) days after such exercise and, unless this Warrant has been fully

Exercise Form. In orderof Warrants. Exercise of the purchase rights for Warrant Shares represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to exercise this Purchase Warrant, the exercise form attached hereto must beCompany (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) of a duly executed and completed andNotice of Exercise in the form annexed hereto as Exhibit A (which may be delivered in a .PDF format via electronic mail pursuant to the notice provisions set forth in the Purchase Agreement). Within two (2) Trading Days of the date said Notice of Exercise is delivered to the Company, together with this Purchase Warrant andCompany (or within three (3) Trading Days of the date said Notice of Exercise is delivered to the Company if the Notice of Exercise is received after 12 p.m. EST on such day), the Company shall have received payment of the aggregate Exercise Price forof the Warrant Shares beingthereby purchased payable in cash by wire transfer or cashier’s check drawn on a United States bank, unless such exercise is made pursuant to the cashless exercise procedure specified in Section 2(c) below (if available). No ink-original Notice of immediately available fundsExercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. The Company shall be entitled to conclusively assume the genuineness of any signature on any Notice of Exercise delivered to the Company pursuant to this Section 2(a), the legal capacity and competency of all natural persons signing any Notice of Exercise so delivered, the authenticity of any Notice of Exercise so delivered, the conformity to an account designated byauthentic original of any Notice of Exercise so delivered as certified, authenticated, conformed, photostatic, facsimile, or electronic and the Company or by certified check or official bank check. Ifauthenticity of the subscription rights represented herebyoriginal of such Notice of Exercise. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant Shares available hereunder shall have the effect of lowering the outstanding number of Warrant Shares purchasable hereunder in an amount equal to the applicable number of Warrant Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant Shares purchased and the date of such purchases, and the Company shall be entitled to conclusively assume that its records of the number of Warrant Shares purchased and the date of such purchases are accurate, absent actual notice to the contrary. The Company shall deliver any objection to any Notice of Exercise within two (2) Business Days of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase hereunder at or before 5:00 p.m., Eastern time,any given time may be less than the amount stated on the Expiration Date, this Purchase Warrant shall become and be void without further force or effect, and all rights represented hereby shall cease and expire.face hereof.

Exercise Form. In orderof Warrants. Exercise of the purchase rights for Warrant Shares represented by this Warrant may be made, in whole or in part, at any time or times on or after the Initial Exercise Date and on or before the Termination Date by delivery to exercise this Purchase Warrant, the exercise form attached hereto must beCompany (or such other office or agency of the Company as it may designate by notice in writing to the registered Holder at the address of the Holder appearing on the books of the Company) of a duly executed and completed andNotice of Exercise in the form annexed hereto as Exhibit A (which may be delivered in a .PDF format via electronic mail pursuant to the notice provisions set forth in the Loan Agreement). Within two (2) Trading Days of the date said Notice of Exercise is delivered to the Company, together with this Purchase Warrant andCompany (or within three (3) Trading Days of the date said Notice of Exercise is delivered to the Company if the Notice of Exercise is received after 12 p.m. EST on such day), the Company shall have received payment of the aggregate Exercise Price forof the Warrant Shares beingthereby purchased payable in cash by wire transfer or cashier’s check drawn on a United States bank, unless such exercise is made pursuant to the cashless exercise procedure specified in Section 2(d) below (if available). No ink-original Notice of immediately available fundsExercise shall be required, nor shall any medallion guarantee (or other type of guarantee or notarization) of any Notice of Exercise form be required. The Company shall be entitled to conclusively assume the genuineness of any signature on any Notice of Exercise delivered to the Company pursuant to this Section 2(b), the legal capacity and competency of all natural persons signing any Notice of Exercise so delivered, the authenticity of any Notice of Exercise so delivered, the conformity to an account designated byauthentic original of any Notice of Exercise so delivered as certified, authenticated, conformed, photostatic, facsimile, or electronic and the Company or by certified check or official bank check. Ifauthenticity of the subscription rights represented herebyoriginal of such Notice of Exercise. Notwithstanding anything herein to the contrary, the Holder shall not be required to physically surrender this Warrant to the Company until the Holder has purchased all of the Warrant Shares available hereunder and the Warrant has been exercised in full, in which case, the Holder shall surrender this Warrant to the Company for cancellation within three (3) Trading Days of the date the final Notice of Exercise is delivered to the Company. Partial exercises of this Warrant resulting in purchases of a portion of the total number of Warrant Shares available hereunder shall have the effect of lowering the outstanding number of Warrant Shares purchasable hereunder in an amount equal to the applicable number of Warrant Shares purchased. The Holder and the Company shall maintain records showing the number of Warrant Shares purchased and the date of such purchases, and the Company shall be entitled to conclusively assume that its records of the number of Warrant Shares purchased and the date of such purchases are accurate, absent actual notice to the contrary. The Company shall deliver any objection to any Notice of Exercise within two (2) Business Days of receipt of such notice. The Holder and any assignee, by acceptance of this Warrant, acknowledge and agree that, by reason of the provisions of this paragraph, following the purchase of a portion of the Warrant Shares hereunder, the number of Warrant Shares available for purchase hereunder at or before 5:00 p.m., Eastern time,any given time may be less than the amount stated on the Expiration Date, this Purchase Warrant shall become and be void without further force or effect, and all rights represented hereby shall cease and expire.face hereof.

Load more...
Select clause to view document information.

Draft better contracts
faster with AllDrafts

AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.

And AllDrafts generates clean Word and PDF files from any draft.