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 6 are not strictly applicable or if strictly applicable would not fairly protect the rights of the Warrantholder 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 Warrant Price as otherwise determined pursuant to any of the provisions of this Section 6 except in the case of a combination of shares of a type contemplated in Section 6.1(a) and then in no event to an amount larger than the Warrant Price as adjusted pursuant to Section 6.1(a).
Appears in 6 contracts
Samples: Securities Purchase Agreement (Healthcare Capital Corp), Securities Purchase Agreement (Warburg Pincus Ventures Lp), Securities Purchase Agreement (Sonus 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 6 5 are not strictly applicable or if strictly --------- applicable would not fairly protect the rights of the Warrantholder 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 Warrant Exercise Price as otherwise determined pursuant to any of the provisions of this Section 6 5, except in the case of a --------- combination of shares of a type contemplated in Section 6.1(a5(a) and then in no ------------ event to an amount larger than the Warrant Exercise Price as adjusted pursuant to Section 6.1(a5(a).. ------------
Appears in 1 contract
Samples: Insynq Inc
Adjustment by Board of Directors. If In any event occurs as to which, in the opinion of the Board of Directors of the CompanyCorporation, the provisions of this Section 6 5 are not strictly applicable or if strictly applicable would not fairly protect the rights of the Warrantholder 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 Warrant Exercise Price as otherwise determined pursuant to any of the provisions of this Section 6 5 except in the case of a combination of shares of a type contemplated in Section 6.1(a5(a) and then in no event to an amount larger than the Warrant Exercise Price as adjusted pursuant to Section 6.1(a5(a).
Appears in 1 contract
Samples: Subscription Agreement (Gaming Partners International CORP)