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 8 are not strictly applicable or if strictly applicable would not fairly protect the rights of the 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 Exercise Price as otherwise determined pursuant to any of the provisions of this Section 8, except in the case of a combination of shares of a type contemplated in Section 8(a), and then in no event to an amount larger than the Exercise Price as adjusted pursuant to Section 8(a).
Appears in 6 contracts
Samples: Series a Preferred Share Purchase Agreement (Nobao Renewable Energy Holdings LTD), Warrant Agreement (Nobao Renewable Energy Holdings LTD), Warrant Agreement (Nobao Renewable Energy Holdings LTD)
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 8 11 are not strictly applicable applicable, or if strictly applicable would not fairly protect the rights of the 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 Exercise Price as otherwise determined pursuant to any of the provisions of this Section 811, except in the case of a combination of shares of a type contemplated in Section 8(a), 11(c) and then in no event to an amount larger greater than the Exercise Price as adjusted pursuant to Section 8(a11(c).
Appears in 4 contracts
Samples: Warrant Agreement (Tv Filme Inc), Warrant Agreement (Tv Filme Inc), Warrant to Purchase Common Stock (Tv Filme Inc)
Adjustment by Board of Directors. If any event occurs as to which, in the reasonable good faith opinion of the Board of Directors of the Company, the provisions of this Section 8 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 Exercise Warrant Price as otherwise determined pursuant to any of the provisions of this Section 8, except in the case of a combination of shares of a type contemplated in Section 8(a), 8.1(a) and then in no event to an amount larger than the Exercise Warrant Price as adjusted pursuant to Section 8(a8.1(d).
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