Common use of Other Dilutive Events Clause in Contracts

Other Dilutive Events. If any event shall occur as to which the provisions of Sections 2 or 3 are not strictly applicable but with respect to which the failure to make any adjustment would not fairly protect the Holders or the antidilution rights represented by this Warrant in accordance with its essential intent and principles, then, in each such case, at the request of the Holder, the Company shall appoint a firm of independent investment bankers of recognized national standing (which shall be completely independent of the Company and shall be reasonably satisfactory to the Holder), which shall give its opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections 2 and 3, necessary to preserve, without dilution, the purchase rights or rights to the issuance of additional Equity Securities represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder and shall make the adjustments described therein.

Appears in 10 contracts

Samples: Master Note Purchase Agreement (Acuitas Group Holdings, LLC), Master Note Purchase Agreement (Ontrak, Inc.), Master Note Purchase Agreement (Acuitas Group Holdings, LLC)

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Other Dilutive Events. If In case any event shall occur as to which the provisions of Sections Section 2 or 3 hereof are not strictly applicable but with respect to which the failure to make any adjustment would not not, in the opinion of the holder of this Warrant, fairly protect the Holders or the antidilution purchase rights represented by this Warrant in accordance with its the essential intent and principlesprinciples of such Sections, then, in each such case, at the request of the Holdersuch holder, the Company shall appoint a firm of independent investment bankers of recognized national standing (which shall be completely independent of the Company and shall be reasonably satisfactory to the Holderholder of this Warrant), which shall give its their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections 2 and 33 hereof, necessary to preserve, without dilution, the purchase rights or rights to the issuance of additional Equity Securities represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder holder of this Warrant and shall make the adjustments adjust ments described therein.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Picower Jeffry M), Stock Purchase Agreement (Physician Computer Network Inc /Nj), Picower Jeffry M

Other Dilutive Events. If In case any event shall occur as to which the provisions of Sections Section 2 or 3 hereof are not strictly applicable but with respect to which the failure to make any adjustment would not not, in the opinion of the Holder, fairly protect the Holders or the antidilution purchase rights represented by this Warrant in accordance with its the essential intent and principlesprinciples of such Section, then, in each such case, at the request of the Holder, the Company shall appoint a firm of independent investment bankers of recognized national standing (which shall be completely independent of the Company and shall be reasonably satisfactory to the Holder), which shall give its their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections Section 2 and 3hereof, necessary to preserve, without dilution, the purchase rights or rights to the issuance of additional Equity Securities represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder and shall make the adjustments described therein.

Appears in 1 contract

Samples: Weeks Corp

Other Dilutive Events. If In case any event shall occur as to which the provisions of Sections Section 2 or 3 hereof are not strictly applicable but with respect to which the failure to make any adjustment would not fairly protect the Holders or the antidilution purchase rights represented by this Warrant in accordance with its the essential intent and principlesprinciples of such Sections, then, in each such case, at the request of the Holdersuch holder, the Company Holdings shall appoint a firm of independent investment bankers of recognized national standing (which shall be completely independent of the Company Holdings and shall be reasonably satisfactory to the Holderholder or the holders of the Required Interest), which shall give its their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections 2 and 33 hereof, necessary to preserve, without dilution, the purchase rights or rights to the issuance of additional Equity Securities represented by this Warrant. Upon receipt of such opinion, the Company Holdings will promptly mail a copy thereof to the Holder holder of this Warrant and shall make the adjustments described therein.

Appears in 1 contract

Samples: Ramsay Managed Care Inc

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Other Dilutive Events. If any event shall occur as to which the provisions of Sections 2 ‎2 or 3 ‎3 are not strictly applicable but with respect to which the failure to make any adjustment would not fairly protect the Holders or the antidilution rights represented by this Warrant in accordance with its essential intent and principles, then, in each such case, at the request of the Holder, the Company shall appoint a firm of independent investment bankers of recognized national standing (which shall be completely independent of the Company and shall be reasonably satisfactory to the Holder), which shall give its opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections 2 ‎2 and 3‎3, necessary to preserve, without dilution, the purchase rights or rights to the issuance of additional Equity Securities represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder and shall make the adjustments described therein.

Appears in 1 contract

Samples: CAPSTONE TURBINE Corp

Other Dilutive Events. If In case any event shall occur as to which the provisions of Sections Section 2 or 3 hereof are not strictly applicable but with respect to which the failure to make any adjustment would not not, in the opinion of the holder of this Warrant, fairly protect the Holders or the antidilution purchase rights represented by this Warrant in accordance with its the essential intent and principlesprinciples of such Sections, then, in each such case, at the request of the Holdersuch holder, the Company shall appoint a firm of independent investment bankers of recognized national standing (which shall be completely independent of the Company and shall be reasonably satisfactory to the Holderholder of this Warrant), which shall give its their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections 2 and 33 hereof, necessary to preserve, without dilution, the purchase rights or rights to the issuance of additional Equity Securities represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder holder of this Warrant and shall make the adjustments described therein.

Appears in 1 contract

Samples: Warrant And (E Z Serve Corporation)

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