Common use of Adjustment Exceptions Clause in Contracts

Adjustment Exceptions. Anything in this Section 6.3 to the contrary notwithstanding, no adjustment of the Exchange Price or the number of shares of Series B Nonvoting Preferred Stock and Nonvoting Common Stock issuable upon the exchange of Notes shall be made upon (i) the issuance of any shares of Aggregate Common Stock upon the exercise of any of the Warrants, the exchange of any Convertible Preferred Stock, the exchange of any Tranche A Notes, or the issuance of rights to acquire shares of Aggregate Common Stock under any of the foregoing, (ii) the issuance of any shares of Aggregate Common Stock or other securities pursuant to any Plans, or (iii) the issuance of shares of Aggregate Common Stock or rights to acquire such shares in connection with any redemption pursuant to Article 3.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Kevco Inc), Securities Purchase Agreement (Kevco Partners Investment Trust)

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Adjustment Exceptions. Anything in this Section 6.3 to the contrary notwithstanding, no adjustment of the Exchange Price or the number of shares of Series B Nonvoting A Voting Preferred Stock and Nonvoting Voting Common Stock issuable upon the exchange of Notes shall be made upon (i) the issuance of any shares of Aggregate Common Stock upon the exercise of any of the Warrants, the exchange of any Convertible Preferred Stock, the exchange of any Tranche A B Notes, or the issuance of rights to acquire shares of Aggregate Common Stock under any of the foregoing, (ii) the issuance of any shares of Aggregate Common Stock or other securities pursuant to any Plans, or (iii) the issuance of shares of Aggregate Common Stock or rights to acquire such shares in connection with any redemption pursuant to Article 3.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Kevco Inc), Securities Purchase Agreement (Kevco Partners Investment Trust)

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Adjustment Exceptions. Anything in this Section 6.3 to the contrary notwithstanding, no adjustment of the Exchange Price or the number of shares of Series B Nonvoting Preferred Stock and Nonvoting Common Stock issuable upon the exchange of Notes shall be made upon (i) the issuance of any shares of Aggregate Common Stock upon the exercise of any of the Warrants, the exchange of any Convertible Preferred Stock, the exchange of any Tranche A Notes, or the issuance of rights to acquire shares of Aggregate Common Stock under any of the foregoing, (ii) the issuance of any shares of Aggregate Common Stock or other securities pursuant to any Plans, or (iii) the issuance of shares of Aggregate Common Stock or rights to acquire such shares in connection with any redemption pursuant to Article 3.Stock

Appears in 1 contract

Samples: Securities Purchase Agreement (Kevco Inc)

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