Since the warrants have 5 years to be redeemed, one can make the argument that share price in the future will be much higher than present share price. Therefore, consider two options for the owners of units consisting of one share plus one warrant:
1) Continue to hold the warrants as stock price moves upwards well past the threshold for redemption of $2.80. Then when stock price reaches some higher value, arbitrarily for argument's sake let's say about $4, then sell a fraction of their shares sufficient to raise enough cash to redeem all N of their warrants (1.40/4.0) and use the proceeds to redeem all of their warrants, which now would give them a total of N x (4 - 1.4)/4 remaining old shares plus N redemption-issued shares, yielding (8 - 1.4)/4 x N = 1.65N total shares held at a market value of $4, with the net transaction at no additional cost to the holder.
2) Redeem the warrants as soon as price surpasses $2.80 for 20 consecutive days, then sell a fraction of their shares sufficient to raise enough cash to redeem all N of their warrants at the current price, for argument's sake let's say $3.00, which would now give them a total of N x (3 - 1.4)/3 remaining old shares plus N redemption-issued shares, yielding (6 - 1.4)/3 x N = 1.53N total shares held at a market value of $3, with the net transaction at no additional cost to the holder.
Since the 2010 warrants can be redeemed any time over the next 5 years when stock prices are above $2.80, it would make sense to hold out to redeem when stock price is highest, if in fact the holder desires a transaction which does not require them to invest any additional cash to convert. The difference in this case is (1.65 - 1.53) x N = 0.12 x N shares. Since the odds of price appreciation are clearly in favor of NVIV shareholders at this point, it would be prudent to wait.
This kind of scenario is not always the most advantageous strategy for warrant holders. Consider, for example, the hypothetical case where stock price had somehow managed to exceed $2.80 for 20 consecutive days but HUD approval and IDE approval had not yet been granted, and possibly in conjunction with a product that had not showed such clearly unambiguous demonstration of success such as occurred in the Green Monkey trials prior to getting ready for human clinical trials. In such a case a warrant holder might have elected to minimize the risk that share price might never get to $4 in the event that HUD and IDE were never going to be approved, or that clinical trials would fail. However, cashing out early would represent a lost opportunity cost of never being able to have an extra 0.12N shares without further cash investment given the potential outcome of the share price reaching $4.00.