Common use of Adjustment by Board of Directors Clause in Contracts

Adjustment by Board of Directors. If any event occurs as to which, in the opinion of the Board of Directors of the Company, the provisions of this Section 3 are not strictly applicable or if strictly applicable would not fairly protect the rights of the holder of this Warrant in accordance with the essential intent and principles of such provisions, then the Board of Directors shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to protect such rights as aforesaid, but in no event shall any adjustment have the effect of increasing the Purchase Price as otherwise determined pursuant to any of the provisions of this Section 3 except in the case of a combination of shares of a type contemplated in Paragraph 3.3 and then in no event to an amount larger than the Purchase Price as adjusted pursuant to Paragraph 3.3.

Appears in 12 contracts

Samples: Investment Agreement (Chatterjee Purnendu), Securities Purchase Agreement (Golden Press Holding LLC), Securities Purchase Agreement (Coventry Corp)

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Adjustment by Board of Directors. If any event occurs as to which, in the opinion of the Board of Directors of the CompanyDirectors, the provisions of this Section 3 3.1 are not strictly applicable or if strictly applicable would not fairly protect the rights of the holder of this Warrant Holder in accordance with the essential intent and principles of such provisions, then the Board of Directors shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to protect such rights as aforesaid, but in no event shall any adjustment have the effect of increasing the Purchase Exercise Price as otherwise determined pursuant to any of the provisions of this Section 3 3.1, except in the case of a combination of shares of a type contemplated in Paragraph 3.3 Section 3.1(a)(i), and then in no event to an amount larger than the Purchase Exercise Price as adjusted pursuant to Paragraph 3.3Section 3.1(a)(i).

Appears in 10 contracts

Samples: Warrant Agreement (Varitek Industries Inc), Warrant Agreement (Varitek Industries Inc), Warrant Agreement (Remote Knowledge Inc)

Adjustment by Board of Directors. If any event occurs as to -------------------------------- which, in the opinion of the Board of Directors of the Company, the provisions of this Section 3 are not strictly applicable or if strictly applicable would not fairly protect the rights of the holder of this Warrant in accordance with the essential intent and principles of such provisions, then the Board of Directors shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to protect such rights as aforesaid, but in no event shall any adjustment have the effect of increasing the Purchase Price as otherwise determined pursuant to any of the provisions of this Section 3 except in the case of a combination of shares of a type contemplated in Paragraph 3.3 and then in no event to an amount larger than the Purchase Price as adjusted pursuant to Paragraph 3.3.

Appears in 5 contracts

Samples: Warrant Agreement (Verticalnet Inc), Warrant Agreement (Esg Re LTD), Warrant Agreement (Verticalnet Inc)

Adjustment by Board of Directors. If any event occurs as to which, in the opinion of the Board of Directors of the CompanyDirectors, the provisions of this Section Paragraph 3 are not strictly applicable or if strictly applicable would not fairly protect the rights of the holder of this Warrant Holder in accordance with the essential intent and principles of such provisions, then the Board of Directors shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to protect such rights as aforesaid, but in no event shall any adjustment have the effect of increasing the Purchase Price as otherwise determined pursuant to any of the provisions of this Section Paragraph 3 except in the case of a combination of shares of a type contemplated in Paragraph 3.3 3.2 and then in no event to an amount larger than the Purchase Price as adjusted pursuant to Paragraph 3.33.2.

Appears in 4 contracts

Samples: Warrant Agreement (Wellman Inc), Warrant Agreement (Wellman Inc), Warrant Agreement (Wellman Inc)

Adjustment by Board of Directors. If any event occurs as to which, in the opinion of the Board of Directors of the Company, the provisions of this Section 3 are not strictly applicable or if strictly applicable would not fairly protect the rights of the holder of this Warrant Holder in accordance with the essential intent and principles of such provisions, then the Board of Directors in good faith shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to protect such rights as aforesaid, but in no event shall any adjustment have the effect of increasing the Purchase Price as otherwise determined pursuant to any of the provisions of this Section 3 except in the case of a combination of shares of a type contemplated in Paragraph 3.3 and then in no event to an amount larger than the Purchase Price as adjusted pursuant to Paragraph 3.3.

Appears in 3 contracts

Samples: Warrant (Coolsavings Com Inc), Warrant Agreement (Coolsavings Com Inc), Warrant (Coolsavings Inc)

Adjustment by Board of Directors. If any event occurs as to which, in the opinion of the Board of Directors of the Company, the provisions of this Section 3 are not strictly applicable or if strictly applicable would not fairly protect the rights of the holder of this Warrant in accordance with the essential intent and principles of such provisions, then the Board of Directors shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to protect such rights as aforesaid, but in no event shall any adjustment have the effect of increasing the Purchase Price as otherwise determined pursuant to any of the provisions of this Section 3 except in the case of a combination of shares of a type contemplated in Paragraph 3.3 subsection 3.1 and then in no event to an amount larger than the Purchase Price as adjusted pursuant to Paragraph 3.3subsection 3.1.

Appears in 2 contracts

Samples: Warrant Agreement (Traffic.com, Inc.), Warrant Agreement (Traffic.com, Inc.)

Adjustment by Board of Directors. If any event occurs as to which, in the opinion of the Board of Directors of the Company, the provisions of this Section 3 are not strictly applicable or if strictly applicable would not fairly protect the rights of the holder of this Warrant Holder in accordance with the essential intent and principles of such provisions, then the Board of Directors shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to protect such rights as aforesaid, but in no event shall any adjustment have the effect of increasing the Purchase Price as otherwise determined pursuant to any of the provisions of this Section 3 except in the case of a combination of shares of a type contemplated in Paragraph 3.3 and then in no event to an amount larger than the Purchase Price as adjusted pursuant to Paragraph 3.3.

Appears in 2 contracts

Samples: Common Stock Purchase Warrant (Excel Legacy Corp), Common Stock Purchase Warrant (Price Legacy Corp)

Adjustment by Board of Directors. If any event occurs as to which, in the opinion of the Board of Directors of the Company, the provisions of this Section 3 are not strictly applicable or if strictly applicable would not fairly protect the rights of the holder of this Warrant in accordance with the essential intent and principles of such provisions, then the Board of Directors shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to protect such rights as aforesaid, but in no event shall any adjustment have the effect of increasing the Purchase Price as otherwise determined pursuant to any of the provisions of this Section 3 except in the case of a combination of shares of a type contemplated in Paragraph 3.3 3.1 and then in no event to an amount larger than the Purchase Price as adjusted pursuant to Paragraph 3.33.1.

Appears in 2 contracts

Samples: Common Stock Purchase Warrant (Internet Capital Group Inc), Warrant Agreement (Nextron Communications Inc)

Adjustment by Board of Directors. If any event occurs as to -------------------------------- which, in the opinion of the Board of Directors of the Company, the provisions of this Section 3 are not strictly applicable or if strictly applicable would not fairly protect the rights of the holder of this Warrant Holder in accordance with the essential intent and principles of such provisions, then the Board of Directors in good faith shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to protect such rights as aforesaid, but in no event shall any adjustment have the effect of increasing the Purchase Price as otherwise determined pursuant to any of the provisions of this Section 3 except in the case of a combination of shares of a type contemplated in Paragraph 3.3 and then in no event to an amount larger than the Purchase Price as adjusted pursuant to Paragraph 3.3.

Appears in 1 contract

Samples: Warrant Agreement (Coolsavings Com Inc)

Adjustment by Board of Directors. If any event occurs as to which, in the opinion of the Board of Directors of the Company, which the provisions of this Section 3 are not strictly applicable or if strictly applicable would not fairly protect the rights of the holder Holder of this Warrant in accordance with the essential intent and principles of such provisions, then the Board of Directors shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to protect such rights as aforesaid, but in no event shall any adjustment have the effect of increasing the Purchase Price as otherwise determined pursuant to any of the provisions of this Section 3 except in the case of a combination of shares of a type contemplated in Paragraph 3.3 and then in no event to an amount larger than the Purchase Price as adjusted pursuant to Paragraph 3.3.

Appears in 1 contract

Samples: Warrant Agreement (Arch Capital Group LTD)

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Adjustment by Board of Directors. If any event occurs as to which, in the opinion of the Board of Directors of the CompanyDirectors, the provisions of this Section 3 3.1 are not strictly applicable or if strictly applicable would not fairly protect the rights of the holder of this Warrant Holder in accordance with the essential intent and principles of such provisions, then the Board of Directors shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to protect such rights of the Holder as aforesaid, but in no event shall any adjustment have the effect of increasing the Purchase Exercise Price as otherwise determined pursuant to any of the provisions of this Section 3 3.1, except in the case of a combination of shares of a type contemplated in Paragraph 3.3 Section 3.l(a)(i), and then in no event to an amount larger than the Purchase Exercise Price as adjusted pursuant to Paragraph 3.3Section 3.l(a)(i).

Appears in 1 contract

Samples: Warrant Agreement (Remote Knowledge Inc)

Adjustment by Board of Directors. If any event occurs as to which, in which the opinion of the Board of Directors of the Company, the -------------------------------- provisions of this Section 3 are not strictly applicable or if strictly applicable would not fairly protect the rights of the holder Holder of this Warrant in accordance with the essential intent and principles of such provisions, then the Board of Directors shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to protect such rights as aforesaid, but in no event shall any adjustment have the effect of increasing the Purchase Price as otherwise determined pursuant to any of the provisions of this Section 3 except in the case of a combination of shares of a type contemplated in Paragraph 3.3 and then in no event to an amount larger than the Purchase Price as adjusted pursuant to Paragraph 3.3.

Appears in 1 contract

Samples: Subscription Agreement (Warburg Pincus LLC)

Adjustment by Board of Directors. If any event occurs as to which, in the opinion of the Board of Directors of the Company, the provisions of this Section 3 are not strictly applicable or if strictly applicable would not fairly protect the rights of the holder of this Warrant Holder in accordance with the essential intent and principles of such provisions, then the Board of Directors shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to protect such rights as aforesaid, but in no event shall any adjustment have the effect of increasing the Purchase Exercise Price as otherwise determined pursuant to any of the provisions of this Section 3 3, except in the case of a combination of shares of a type contemplated in Paragraph 3.3 Section 3(a) and then in no event to an amount larger than the Purchase Exercise Price as adjusted pursuant to Paragraph 3.3Section 3(a).

Appears in 1 contract

Samples: Warrant Agreement (Edge Technology Group Inc)

Adjustment by Board of Directors. If any event occurs as to which, in the opinion of the Board of Directors of the Company, the provisions of this Section 3 are not strictly applicable or if strictly applicable would not fairly protect the rights of the holder of this Warrant in accordance with the essential intent and principles of such provisions, then the Board of Directors shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to protect such rights as aforesaid, but in no event shall any adjustment have the effect of increasing the Purchase Price as otherwise determined pursuant to any of the provisions of this Section 3 except in the case of a combination of shares of a type contemplated in Paragraph 3.3 and then in no event to an amount larger than the Purchase Price as adjusted pursuant to Paragraph 3.3.

Appears in 1 contract

Samples: Warrant Agreement (Amati Communications Corp)

Adjustment by Board of Directors. If any event occurs as to which, in the good faith opinion of the Board of Directors of the Company, the provisions of this Section 3 are not strictly applicable or if strictly applicable would not fairly protect the rights of the holder Holder of this Warrant in accordance with the essential intent and principles of such provisions, then the Board of Directors shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to protect such rights as aforesaid, but in no event shall any adjustment have the effect of increasing the Aggregate Purchase Price as otherwise determined pursuant to any of the provisions of this Section 3 except in the case of a combination of shares of a type contemplated in Paragraph 3.3 Section 3(a) and then in no event to an amount larger than the Aggregate Purchase Price as adjusted pursuant to Paragraph 3.3Section 3(a).

Appears in 1 contract

Samples: Warrant Agreement (Flotek Industries Inc/Cn/)

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