Common use of Adjustment for Capitalization Table Errors Clause in Contracts

Adjustment for Capitalization Table Errors. The parties acknowledge their mutual agreement that the initial Number of Shares is based on the capitalization of the Company being in all material respects as represented to Holder and appended hereto as Exhibit C. If the fully-diluted equity of the Company is not, as of the Issue Date, in fact as represented in Exhibit C, the Number of Shares and / or Exchange Price shall be equitably adjusted under Section 4.7.

Appears in 4 contracts

Samples: Warrant Agreement (Sonic Foundry Inc), Warrant Agreement (Sonic Foundry Inc), Warrant Agreement (Sonic Foundry Inc)

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Adjustment for Capitalization Table Errors. The parties acknowledge their mutual agreement that the initial Number of Shares is based on the capitalization of the Surviving Company being having been, in all material respects respects, as represented to Holder and appended hereto as Exhibit C. at the time of the issuance of the Previous Warrant. If the fully-diluted equity of the Company is was not, as of the Issue Dateissue date of the Previous Warrant, in fact as represented in Exhibit Cto the Holder, the Number of Shares and / or Exchange Price shall be equitably adjusted under Section 4.74.6.

Appears in 1 contract

Samples: Warrant Agreement (Borqs Technologies, Inc.)

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Adjustment for Capitalization Table Errors. The parties acknowledge their mutual agreement that the initial Number of Shares is based on the capitalization of the Company being in all material respects as represented to Holder and appended hereto as Exhibit C. C and Xxxxxx's ownership of Warrant Stock being equal to a maximum of 3.9% of the FDE of the Company on the Issue Date. If the fully-diluted equity of the Company is not, as of the Issue Date, in fact as represented in Section 6.3 and Exhibit C, the Number of Shares and / or Exchange Price shall be equitably adjusted under Section 4.7.

Appears in 1 contract

Samples: Warrant Agreement (Activecare, Inc.)

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