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ARTICLE · 04 OCTOBER 2017

Practice Pointers On Pre-Funded Warrants

Morrison Foerster
Morrison Foerster
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A pre-funded warrant is a type of warrant that allows its holder to purchase a specified number of a company's securities at a nominal exercise price, typically as low as $0.01 per share.

United StatesCorporate/Commercial Law

A pre-funded warrant is a type of warrant that allows its holder to purchase a specified number of a company's securities at a nominal exercise price, typically as low as $0.01 per share.  The term "pre-funded" refers to the structural feature that allows the company to receive, as part of the pre-funded warrant's purchase price, the exercise price that would be due for a traditional (not pre-funded) warrant, except for the nominal exercise price, at the time of the warrant's issuance instead of at the time of the warrant's eventual exercise.  Pre-funded warrants are generally issued as part of a larger financing transaction, such as a venture capital investment, minority equity investment, or mezzanine financing.  A pre-funded warrant provides a holder with the flexibility to avoid exceeding the designated ownership threshold prior to the warrant's exercise while still maintaining the ability to immediately acquire the underlying securities at a nominal exercise price

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