Adjustment for Change in Capital Stock. If the Company: (1) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock; (2) subdivides or reclassifies its outstanding shares of Common Stock into a greater number of shares; (3) combines or reclassifies its outstanding shares of Common Stock into a smaller number of shares; or (4) issues by reclassification of its Common Stock any shares of its capital stock (other than reclassification arising solely as a result of a change in the par value or no par value of the Common Stock); then the Warrant Number and the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Warrant thereafter exercised shall receive the aggregate number and kind of shares of capital stock of the Company which it would have received immediately following such action if such Warrant had been exercised immediately prior to such action for the same aggregate consideration that such holder would have paid if such Warrant had been exercised immediately prior to such action. The adjustment shall become effective immediately after the record date in the case of a dividend or distribution and immediately after the effective date in the case of a subdivision, combination or reclassification. Such adjustment shall be made successively whenever any event listed above shall occur. The Company shall not issue shares of Common Stock as a dividend or distribution on any class of capital stock other than Common Stock unless (i) the Warrant Holders also receive such dividend or distribution on a ratable basis or (ii) the appropriate adjustment to the Warrant Number and Exercise Price is made under this Section 8.
Appears in 3 contracts
Samples: Warrant Agreement (Ixl Enterprises Inc), Warrant Agreement (Ixl Enterprises Inc), Warrant Agreement (Ixl Enterprises Inc)
Adjustment for Change in Capital Stock. If the Company:
(1) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock;
(2) subdivides or reclassifies its outstanding shares of Common Stock into a greater number of shares;
(3) combines or reclassifies its outstanding shares of Common Stock into a smaller number of shares;
(4) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock; or
(45) issues by reclassification of its Common Stock any shares of its capital stock (other than reclassification arising solely as a result of a change in the par value or no par value of the Common Stock)stock; then the number and kind of shares of its capital stock issuable upon exercise of any Warrant Number and the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Warrant thereafter exercised shall may receive the aggregate number and kind of shares of capital stock of the Company which it such Holder would have received owned immediately following such action if such Warrant had been exercised immediately prior to such action for the same aggregate consideration that such holder would have paid if such Warrant had been exercised immediately prior to such action. The adjustment shall become effective immediately after the record date in the case of a dividend or distribution and immediately after the effective date in the case of a subdivision, combination or reclassification. If, after an adjustment, a Holder of a Warrant upon exercise of it may receive shares of two or more classes of capital stock of the Company, the exercise price of each class of capital stock shall thereafter be subject to adjustment on terms comparable to those applicable to Common Stock in this Section. Such adjustment shall be made successively whenever any event listed above shall occur. The Company shall not issue shares of Common Stock as a dividend or distribution on any class of capital stock other than Common Stock unless (i) the Warrant Holders also receive such dividend or distribution on a ratable basis or (ii) the appropriate adjustment to the Warrant Number and Exercise Price is made under this Section 8.
Appears in 2 contracts
Samples: Warrant Agreement (Maxxim Medical Inc/Tx), Warrant Agreement (Maxxim Medical Inc)
Adjustment for Change in Capital Stock. If the Company:
(1) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock;
(2) subdivides or reclassifies splits its outstanding shares of Common Stock into a greater number of shares;
(3) combines or reclassifies its outstanding shares of Common Stock into a smaller number of shares;
(4) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock; or
(45) issues by reclassification of its Common Stock any shares of its capital stock (other than including any such reclassification arising solely as in connection with a result of a change consolidation or merger in which the par value or no par value of Company is the Common Stockcontinuing corporation); then the number and kind of shares of its capital stock issuable upon exercise or exchange of this Warrant Number and the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that that, after giving effect to Section 6(k), the holder of any Warrant Holder thereafter exercised shall may receive the aggregate number and kind of shares of capital stock of the Company which it the Holder would have received owned immediately following such action if such this Warrant had been exercised immediately prior to such action for the same aggregate consideration that such holder would have paid if such Warrant had been exercised or exchanged in full immediately prior to such action. The adjustment shall become effective immediately after the record date in the case of a dividend or distribution and immediately after the effective date in the case of a subdivision, combination or reclassification. If, after an adjustment, the Holder upon exercise or exchange of this Warrant may receive shares of two or more classes of capital stock of the Company, the exercise privilege of each class of capital stock shall thereafter be subject to adjustment on terms comparable to those applicable to Common Stock in this Section. Such adjustment shall be made successively whenever any event listed above shall occur. The Company shall not issue shares of Common Stock as a dividend or distribution on any class of capital stock other than Common Stock unless (i) the Warrant Holders also receive such dividend or distribution on a ratable basis or (ii) the appropriate adjustment to the Warrant Number and Exercise Price is made under this Section 8.
Appears in 2 contracts
Samples: Warrant Agreement (Magellan Health Services Inc), Warrant Agreement (Magellan Health Services Inc)
Adjustment for Change in Capital Stock. If the Company:
(1i) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock;
(2ii) subdivides or reclassifies its outstanding shares of Common Stock into a greater number of shares;
(3iii) combines or reclassifies its outstanding shares of Common Stock into a smaller number of shares;
(iv) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock; or
(4v) issues by reclassification of its Common Stock any shares of its capital stock (other than reclassification arising solely as a result of a change in the par value or no par value of the Common Stock); stock, then the Warrant Number and the Exercise Price and the number and kind of shares of capital stock of the Company issuable upon the exercise of a Warrant (as in effect immediately prior to such action action) shall be proportionately adjusted so that the holder of any Warrant thereafter exercised shall may receive the aggregate number and kind of shares of capital stock of the Company which it he would have received owned immediately following such action if such Warrant had been exercised immediately prior to such action for the same aggregate consideration that such holder would have paid if such Warrant had been exercised immediately prior to such action. The adjustment shall become effective immediately after the record date in the case of a dividend or distribution and immediately after the effective date in the case of a subdivision, combination or reclassification. If after an adjustment a holder of a Warrant upon exercise may receive shares of two or more classes or series of capital stock of the Company, the Company shall determine the allocation of the adjusted Exercise Price between the classes or series of capital stock. After such allocation, the exercise privilege and the Exercise Price of each class or series of capital stock shall thereafter be subject to adjustment on terms comparable to those applicable to Common Stock in this Section 14. Such adjustment shall be made successively whenever any event listed above shall occur. The Company shall not issue shares of Common Stock as a dividend or distribution on any class of capital stock other than Common Stock unless (i) the Warrant Holders also receive such dividend or distribution on a ratable basis or (ii) the appropriate adjustment to the Warrant Number and Exercise Price is made under this Section 8.
Appears in 2 contracts
Samples: Warrant Agreement (Color Spot Nurseries Inc), Warrant Agreement (Color Spot Nurseries Inc)
Adjustment for Change in Capital Stock. If the Company:
(1) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock;
(2) subdivides or reclassifies its outstanding shares of Common Stock into a greater number of shares;
(3) combines or reclassifies its outstanding shares of Common Stock into a smaller number of shares;
(4) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock; or
(45) issues by reclassification of its Common Stock any shares of its capital stock (other than reclassification arising solely as a result of a change in the par value or no par value of the Common Stock)stock; then the number and kind of shares of its capital stock issuable upon exercise of any Warrant Number and the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder Holder of any Warrant thereafter exercised shall may receive the aggregate number and kind of shares of capital stock of the Company which it he or she would have received owned immediately following such action if such Warrant had been exercised immediately prior to such action for the same aggregate consideration that such holder would have paid if such Warrant had been exercised immediately prior to such action. The adjustment shall become effective immediately after the record date in the case of a dividend or distribution and immediately after the effective date in the case of a subdivision, combination or reclassification. If, after an adjustment, a Holder of a Warrant upon exercise of it may receive shares of two or more classes of capital stock of the Company, the exercise privilege of each class of capital stock shall thereafter be subject to adjustment on terms comparable to those applicable to Common Stock in this Section. Such adjustment shall be made successively whenever any event listed above shall occur. The Company shall not issue shares of Common Stock as a dividend or distribution on any class of capital stock other than Common Stock unless (i) the Warrant Holders also receive such dividend or distribution on a ratable basis or (ii) the appropriate adjustment to the Warrant Number and Exercise Price is made under this Section 8.
Appears in 2 contracts
Samples: Warrant Agreement (Oci Holdings Inc), Warrant Agreement (Concentra Operating Corp)
Adjustment for Change in Capital Stock. If the Company:
(1) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock;
(2) subdivides or reclassifies its outstanding shares of Common Stock into a greater number of shares;
(3) combines or reclassifies its outstanding shares of Common Stock into a smaller number of shares;
(4) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock; or
(45) issues by reclassification of its Common Stock any shares of its capital stock (other than reclassification arising solely as a result of a change in the par value or no par value of the Common Stock)stock; then the number and kind of shares of its capital stock issuable upon exercise of any Warrant Number and the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Warrant thereafter exercised shall may receive the aggregate number and kind of shares of capital stock of the Company which it he or she would have received owned immediately following such action if such Warrant had been exercised immediately prior to such action for the same aggregate consideration that such holder would have paid if such Warrant had been exercised immediately prior to such action. The adjustment shall become effective immediately after the record date in the case of a dividend or distribution and immediately after the effective date in the case of a subdivision, combination or reclassification. If, after an adjustment, a holder of a Warrant upon exercise of it may receive shares of two or more classes of capital stock of the Company, the exercise privilege of each class of capital stock shall thereafter be subject to adjustment on terms comparable to those applicable to Common Stock in this Section. Such adjustment shall be made successively whenever any event listed above shall occur. The Company shall not issue shares of Common Stock as a dividend or distribution on any class of capital stock other than Common Stock unless (i) the Warrant Holders also receive such dividend or distribution on a ratable basis or (ii) the appropriate adjustment to the Warrant Number and Exercise Price is made under this Section 8.
Appears in 2 contracts
Samples: Warrant Agreement (Geokinetics Inc), Warrant Agreement (Geokinetics Inc)
Adjustment for Change in Capital Stock. If the Company:
(1) pays a dividend or makes a distribution on its Class B Common Stock in shares of its Class B Common Stock;
(2) subdivides or reclassifies its outstanding shares of Class B Common Stock into a greater number of shares;
(3) combines or reclassifies its outstanding shares of Class B Common Stock into a smaller number of shares; or
(4) issues by reclassification of its Class B Common Stock any shares of its capital stock (other than reclassification arising solely as a result of a change in the par value or no par value of the Class B Common Stock); then the Warrant Number and the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Warrant thereafter exercised shall receive the aggregate number and kind of shares of capital stock of the Company which it would have received immediately following such action if such Warrant had been exercised immediately prior to such action for the same aggregate consideration that such holder would have paid if such Warrant had been exercised immediately prior to such action. The adjustment shall become effective immediately after the record date in the case of a dividend or distribution and immediately after the effective date in the case of a subdivision, combination or reclassification. Such adjustment shall be made successively whenever any event listed above shall occur. The Company shall not issue shares of Class B Common Stock as a dividend or distribution on any class of capital stock other than Class B Common Stock unless (i) the Warrant Holders also receive such dividend or distribution on a ratable basis or (ii) the appropriate adjustment to the Warrant Number and Exercise Price is made under this Section 8.
Appears in 2 contracts
Samples: Warrant Agreement (Ixl Enterprises Inc), Warrant Agreement (Ixl Enterprises Inc)
Adjustment for Change in Capital Stock. If the CompanyCompany hereafter:
(1) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock;
(2) subdivides or reclassifies its outstanding shares of Common Stock into a greater number of shares;
(3) combines or reclassifies its outstanding shares of Common Stock into a smaller number of shares;
(4) makes a distribution on Common Stock in shares of its Capital Stock other than Common Stock; or
(45) issues by reclassification of its Common Stock any shares of its capital stock Capital Stock (other than reclassification reclassifications arising solely as a result of a change in the par value or no par value of the Common Stock); then the Warrant Number and the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder Holder of any Warrant thereafter exercised shall may receive the aggregate number and kind of shares of capital stock Capital Stock of the Company which it would have received owned immediately following such action if such Warrant had been exercised immediately prior to such action for the same aggregate consideration that such holder would have paid if such Warrant had been exercised immediately prior to such action. The adjustment shall become effective immediately after be determined as of the record date in the case of a dividend or distribution and immediately after upon the effective date in the case of a subdivision, combination or reclassificationreclassification and shall be effective simultaneously with the consummation of any such action. Such adjustment shall be made successively whenever any event listed above shall occur. If the occurrence of any event listed above results in an adjustment under subsection (b) below or The Company shall not issue shares of Common Stock as a dividend or distribution on any class of capital stock Capital Stock other than Common Stock unless (i) the Warrant Holders also receive such dividend or distribution on a ratable basis or (ii) the appropriate adjustment to the Warrant Number and Exercise Price is made under this Section 89.
Appears in 1 contract
Adjustment for Change in Capital Stock. If the Company:
(1i) pays pays, makes or declares a dividend or makes a distribution on its Common Stock in shares of its Common Stock;
(2ii) subdivides or reclassifies its outstanding shares of Common Stock into a greater number of shares;
(3iii) combines or reclassifies its outstanding shares of Common Stock into a smaller number of shares; or
(4iv) issues by reclassification of its Common Stock any shares of its capital stock (other than reclassification arising solely as a result of a change in the par value or no par value of the Common Stock); then the Warrant Number Number, the type of Warrant Shares and the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder Holder of any Warrant thereafter exercised shall receive the aggregate number and kind of shares of capital stock of the Company which it would have received immediately following such action if such Warrant had been exercised immediately prior to such action for the same aggregate consideration that such holder Holder would have paid if such Warrant had been exercised immediately prior to such action. The adjustment shall become effective immediately after the record date in the case of a dividend or distribution and immediately after the effective date in the case of a subdivision, combination or reclassification. Such adjustment shall be made successively whenever any event listed above shall occur. The Company shall not issue shares of Common Stock as a dividend or distribution on any class of capital stock other than Common Stock unless (i) the Warrant Holders Holder also receive receives such dividend or distribution on a ratable basis or (ii) the appropriate adjustment to the Warrant Number and Exercise Price is made under this Section 82.1.
Appears in 1 contract
Samples: Deed of Release (Scient Inc)
Adjustment for Change in Capital Stock. If the Company:
(1i) pays pays, makes or declares a dividend or makes a distribution on its Common Stock in shares of its Common Stock;
(2ii) subdivides or reclassifies its outstanding shares of Common Stock into a greater number of shares;
(3iii) combines or reclassifies its outstanding shares of Common Stock into a smaller number of shares; or
(4iv) issues by reclassification of its Common Stock any shares of its capital stock (other than reclassification arising solely as a result of a change in the par value or no par value of the Common Stock); then the Warrant Number Number, the type of Warrant Shares and the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder Holder of any Warrant thereafter exercised shall receive the aggregate number and kind of shares of capital stock of the Company which it would have received immediately following such action if such Warrant had been exercised immediately prior to such action for the same aggregate consideration that such holder Holder would have paid if such Warrant had been exercised immediately prior to such action. The adjustment shall become effective immediately after the record date in the case of a dividend or distribution and immediately after the effective date in the case of a subdivision, combination or reclassification. Such adjustment shall be made successively whenever any event listed above shall occur. The Company shall not issue shares of Common Stock as a dividend or distribution on any class of capital stock other than Common Stock unless (i) the Warrant Holders also receive such dividend or distribution on a ratable basis or (ii) the appropriate adjustment to the Warrant Number and Exercise Price is made under this Section 89.
Appears in 1 contract
Samples: Deed of Release (Scient Inc)
Adjustment for Change in Capital Stock. If the Company:
Company (1i) pays a dividend or makes a distribution on its Class C Common Stock in shares of its Class C Common Stock;
, (2ii) subdivides or reclassifies its outstanding shares of Class C Common Stock into a greater number of shares;
, (3iii) combines or reclassifies its outstanding shares of Class C Common Stock into a smaller number of shares; or
, (4iv) makes a distribution on its Class C Common Stock in shares of its capital stock other than Class C Common Stock or (v) issues by reclassification of its Class C Common Stock any shares of its capital stock (other than reclassification arising solely as a result of a change in the par value or no par value of the Common Stock); stock, then the Warrant Number and the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Warrant thereafter exercised shall may receive the aggregate number and kind of shares of capital stock of the Company which it he would have received owned immediately following such action if such Warrant had been exercised immediately prior to such action for the same aggregate consideration that such holder would have paid if such Warrant had been exercised immediately prior to such action. The adjustment shall become effective immediately after the record date in the case of a dividend or distribution and immediately after the effective date in the case of a subdivision, combination or reclassification. If, after an adjustment, a holder of a Warrant upon exercise of it may receive shares of two or more classes of capital stock of the Company, the Company shall determine, in good faith, the allocation of the adjusted Exercise Price between the classes of capital stock. After such allocation, the exercise privilege and the Exercise Price of each class of capital stock shall thereafter be subject to adjustment on terms comparable to those applicable to Class C Common Stock in this Section 7. Such adjustment shall be made successively whenever any event listed above shall occur. The Company shall not issue shares of Common Stock as a dividend or distribution on any class of capital stock other than Common Stock unless (i) the Warrant Holders also receive such dividend or distribution on a ratable basis or (ii) the appropriate adjustment to the Warrant Number and Exercise Price is made under this Section 8.
Appears in 1 contract
Samples: Warrant Agreement (Derby Cycle Corp)