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 Article II 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 may make such adjustment in the application of such provisions, in accordance with such essential intent and principles, as it deems appropriate 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 Article II except in the case of a combination of shares of a type contemplated in Section 2.2 and then in no event to an amount larger than the Exercise Price as adjusted pursuant to Section 2.2.

Appears in 3 contracts

Samples: Warrant Agreement (Quentra Networks Inc), Service and System Access Agreement (Freemarkets Inc), Service and System Access Agreement (Freemarkets Inc)

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Adjustment by Board of Directors. If any event occurs as to which, in the reasonable opinion of the Board of Directors of the Company, the provisions of this Article II IV 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 may make such adjustment in the application of such provisions, in accordance with such essential intent and principles, as it reasonably deems appropriate so as to protect such rights as aforesaidrights, but in no event shall will any adjustment have the effect of increasing the Exercise Price as otherwise determined pursuant to any of the provisions of this Article II IV except in the case of a combination of shares of a type contemplated in Section 2.2 4.2 and then in no event to an amount larger than the Exercise Price as adjusted pursuant to provided in Section 2.24.2.

Appears in 1 contract

Samples: Warrant Agreement (Crossfirst Bankshares, Inc.)

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