Common use of Adjustment for Change in Capital Stock Clause in Contracts

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 (v) issues by reclassification of its Common Stock any shares of its capital stock, then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of capital stock of the Company which he would have owned immediately following such action 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 Common Stock in this Section 8. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 9 contracts

Samples: Warrant Agreement (Decrane Holdings Co), Warrant Agreement (Merrill Corp), Warrant Agreement (Charles River Laboratories Holdings Inc)

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Adjustment for Change in Capital Stock. If Except as provided in Subsection 4(b) below, if the Company shall (i) pays declare a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 stock, (ii) subdivide its outstanding Common Stock Stock, or (viii) issues issue any shares of its capital stock by reclassification of its Common Stock (including any shares of its capital stocksuch reclassification in connection with a consolidation or merger in which the Company is the continuing corporation), then in each such case the Exercise Warrant Price in effect immediately prior to such action shall be proportionately adjusted so that if this Warrant is thereafter exercised, the holder of any Warrant thereafter exercised Holder may receive the aggregate number and kind of shares of capital stock of the Company which he it would have owned immediately following such action if such it had exercised this Warrant had been exercised immediately prior to such action. Such adjustment shall be made successively whenever such an event shall occur. 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 subdivision or reclassification. If, If after an adjustment, a holder of a Warrant adjustment the Holder upon exercise of it this Warrant may receive shares of two or more classes of capital stock of the Company, the Company shall determineCompany’s Board of Directors, in good faith, shall determine the allocation of the adjusted Exercise Warrant Price between the classes of capital stock. After such allocation, the exercise privilege and the Exercise Warrant 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 8. Such adjustment shall be made successively whenever any event listed above shall occur4.

Appears in 6 contracts

Samples: Common Stock Purchase Warrant (Mateon Therapeutics Inc), Common Stock Purchase Warrant (Mateon Therapeutics Inc), Common Stock Purchase Warrant (Mateon Therapeutics Inc)

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 (v) issues by reclassification of its Common Stock any shares of its capital stock, then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of capital stock of the Company which he would have owned immediately following such action 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 Common Stock in this Section 86.01. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 4 contracts

Samples: Warrant Agreement (Goodrich Petroleum Corp), Warrant Agreement (Goodrich Petroleum Corp), Purchase Agreement (Goodrich Petroleum Corp)

Adjustment for Change in Capital Stock. If Except as provided in Subsection 4(c) below, if the Company shall (i) pays declare a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 stock, (ii) subdivide its outstanding Common Stock Stock, or (viii) issues issue any shares of its capital stock by reclassification of its Common Stock (including any shares of its capital stocksuch reclassification in connection with a consolidation or merger in which the Company is the continuing corporation), then in each such case the Exercise Warrant Price in effect immediately prior to such action shall be proportionately adjusted so that if this Warrant is thereafter exercised, the holder of any Warrant thereafter exercised Holder may receive the aggregate number and kind of shares of capital stock of the Company which he it would have owned immediately following such action if such it had exercised this Warrant had been exercised immediately prior to such action. Such adjustment shall be made successively whenever such an event shall occur. 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 subdivision or reclassification. If, If after an adjustment, a holder of a Warrant adjustment the Holder upon exercise of it this Warrant may receive shares of two or more classes of capital stock of the Company, the Company shall determineCompany’s Board of Directors, in good faith, shall determine the allocation of the adjusted Exercise Warrant Price between the classes of capital stock. After such allocation, the exercise privilege and the Exercise Warrant 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 8. Such adjustment shall be made successively whenever any event listed above shall occur4.

Appears in 3 contracts

Samples: Common Stock Purchase Warrant (Mateon Therapeutics Inc), Common Stock Purchase (Mateon Therapeutics Inc), Mateon Therapeutics Inc

Adjustment for Change in Capital Stock. If During the Warrant Exercise Period, if the Company (i1) pays a dividend or makes a distribution on its Common Stock Stock, in either case, in shares of its Common Stock, capital stock; (ii2) forward splits or subdivides its outstanding shares of Common Stock into a greater number of shares, Shares; or (iii3) reverse splits or combines its outstanding shares of Common Stock into a smaller small number of shares, Shares; then (ivx) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock or (v) issues by reclassification of its Common Stock any shares of its capital stock, then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Warrant thereafter exercised may receive will become exercisable for the aggregate number and kind of shares of capital stock of the Company which he the Holder would have owned immediately following such action if such the Warrant had been exercised immediately prior to such actionaction and (y) the Exercise Price in effect immediately prior to such action shall be proportionately adjusted. The An adjustment made pursuant to this Section 5(a) shall become effective immediately after on the effective date of an event referred to in clauses (1), (2) and (3) above, retroactive to 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 any) for such event. If, after an adjustment, a holder the Holder of a the Warrant upon exercise of it may receive shares of two or more classes of capital stock of the Company, the Company Board shall determine, determine in good faith, 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 Common Stock the Warrant Shares in this Section 8Section. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 3 contracts

Samples: Stock Purchase Agreement (NMI Holdings, Inc.), Stock Purchase Agreement (NMI Holdings, Inc.), NMI Holdings, Inc.

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend or makes a distribution on its Common Stock payable in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 (v) issues by reclassification of its Common Stock any shares of its capital stock, then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any then outstanding Warrant thereafter exercised after such action may receive the aggregate number and kind of shares of capital stock of the Company which he such holder would have owned immediately following such action if assuming the exercise of 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 adjustmentadjustment pursuant to clause (v) above, 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 after such action be subject to adjustment on terms comparable to those applicable to Common Stock in this Section 87. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 3 contracts

Samples: Warrant Agreement (National Coal Corp), Warrant Agreement (National Coal Corp), Warrant Agreement (National Coal Corp)

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 (v) issues by reclassification of its Common Stock any shares of its capital stock, then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder Holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of capital stock of the Company which he would have owned immediately following such action 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 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 stockstock and notify the Warrant Agent of such determination. 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 Common Stock in this Section 8. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 3 contracts

Samples: Warrant Agreement (Ipcs Equipment Inc), Warrant Agreement (Horizon Personal Communications Inc), Warrant Agreement (Independent Wireless One Corp)

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend or makes a distribution on its Common Stock payable in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 (v) issues by reclassification of its Common Stock any shares of its capital stock, then the Exercise Price in effect immediately prior to such action shall shall, subject to the proviso to the first sentence of the first paragraph of this Section 8, be proportionately adjusted so that the holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of capital stock of the Company which he such holder would have owned immediately following such action if assuming the exercise of 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 Common Stock in this Section 8. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 3 contracts

Samples: Warrant Agreement (Atlantic Paratrans of Arizona, Inc.), Warrant Agreement (Grande Communications Holdings, Inc.), Warrant Agreement (Barneys New York Inc)

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (iiStock,(ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iiishares,(iii) combines its outstanding shares of Common Stock into a smaller number of shares, (ivshares,(iv) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock or (v) issues by reclassification of its Common Stock any shares of its capital stock, ; then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of capital stock of the Company which he would have owned immediately following such action 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, determine 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 Common Stock in this Section 811. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 2 contracts

Samples: Warrant Agreement (Advanced Radio Telecom Corp), Warrant Agreement (Advanced Radio Telecom Corp)

Adjustment for Change in Capital Stock. If the Company Holdings (i) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 (v) issues by reclassification of its Common Stock any shares of its capital stock, then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of capital stock of the Company Holdings which he would have owned immediately following such action 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 CompanyHoldings, the Company Holdings shall determine, in good faith, determine 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 Common Stock in this Section 8. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 2 contracts

Samples: Warrant Agreement (Xm Satellite Radio Holdings Inc), Warrant Agreement (Xm Satellite Radio Inc)

Adjustment for Change in Capital Stock. If the Company shall (i) pays declare a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 stock, (ii) subdivide its outstanding Common Stock Stock, or (viii) issues issue any shares of its capital stock by reclassification of its Common Stock (including any shares of its capital stocksuch reclassification in connection with a consolidation or merger in which the Company is the continuing corporation), then in each such case the Exercise Warrant Price in effect immediately prior to such action shall be proportionately adjusted so that if this Warrant is thereafter exercised, the holder of any Warrant thereafter exercised Holder may receive the aggregate number and kind of shares of capital stock of the Company which he it would have owned immediately following such action if such it had exercised this Warrant had been exercised immediately prior to such action. Such adjustment shall be made successively whenever such an event shall occur. 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 subdivision or reclassification. If, If after an adjustment, a holder of a Warrant adjustment the Holder upon exercise of it this Warrant may receive shares of two or more classes of capital stock of the Company, the Company shall determineCompany's Board of Directors, in good faith, shall determine the allocation of the adjusted Exercise Warrant Price between the classes of capital stock. After such allocation, the exercise privilege and the Exercise Warrant 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 8. Such adjustment shall be made successively whenever any event listed above shall occur4.

Appears in 2 contracts

Samples: Common Stock Purchase Warrant (DPW Holdings, Inc.), Common Stock Purchase Warrant (DPW Holdings, Inc.)

Adjustment for Change in Capital Stock. If the Company (i1) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii2) subdivides its outstanding shares of Common Stock into a greater number of shares, or (iii3) combines 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 (v) issues by reclassification of its Common Stock any shares of its capital stock, then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that in accordance with the holder of any Warrant thereafter exercised may receive formula: E1 = E x O - A where: E1 = the aggregate adjusted Exercise Price. E = the current Exercise Price. O = the number and kind of shares of capital stock all classes of the Company which he would have owned immediately following such action if such Warrant had been exercised immediately Common Stock outstanding prior to such action. The A = the number of shares of all classes of Common Stock outstanding immediately after such action. In the case of a dividend or distribution, the adjustment shall become effective immediately after the record date in the case for determination of a holders of shares of Common Stock entitled to receive such dividend or distribution distribution, and immediately after the effective date in the case of a subdivision, combination or reclassification, the adjustment shall become effective immediately after the effective date of such corporate action. If, If after an adjustment, a holder adjustment the Holder of a this Warrant upon exercise of it hereof may receive shares of two or more classes of capital stock of the Company, the Board of Directors of the Company (the "Board") shall determine, determine in good faith, faith the allocation of the adjusted Exercise Price between the classes of capital stock. After such allocation, the exercise privilege privileges, the number of shares issuable upon such exercise and 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 87. Such The adjustment required by this Section 7(a) shall be made successively whenever any event listed above shall occur.

Appears in 2 contracts

Samples: 1 (Jakks Pacific Inc), 1 (Jakks Pacific Inc)

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend or makes a distribution on its Common Stock payable in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines its outstanding shares of outstanding Common Stock into a smaller number of shares, shares or (iv) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock or (v) issues by reclassification of its Common Stock any shares of its capital stock, then the applicable Exercise Price in effect immediately prior to such action shall shall, subject to the proviso to the first sentence of the first paragraph of this Section 8, be proportionately adjusted so that the holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of capital stock of the Company which he such holder would have owned immediately following such action as 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 applicable 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 8. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 2 contracts

Samples: Warrant Agreement (China Natural Gas, Inc.), Warrant Agreement (Hi-Tech Wealth Inc.)

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 (v) issues by reclassification of its Common Stock any shares of its capital stock, ; then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of capital stock of the Company which he would have owned immediately following such action 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, determine 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 Common Stock in this Section 811. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 2 contracts

Samples: Warrant Agreement (Quaker Holding Co), Warrant Agreement (Interamericas Communications Corp)

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 (v) issues by reclassification of its Common Stock any shares of its capital stock, then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder Holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of capital stock of the Company which he would have owned immediately following such action 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 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 Common Stock in this Section 8. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 2 contracts

Samples: Warrant Agreement (Airgate Wireless Inc), Warrant Agreement (Agw Leasing Co Inc)

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 (v) issues by reclassification of its Common Stock any shares of its capital stock, then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder Holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of capital stock of the Company which he such Holder would have owned immediately following such action if such Warrant had been exercised immediately prior to such action. The adjustment pursuant to this Section 8(a) 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 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 such classes of capital stockstock and shall notify the Warrant Agent of such determination. After such allocation, the exercise privilege Exercise Price with respect to, and the Exercise Price number of underlying shares of, each class of capital stock shall thereafter be subject to adjustment on terms comparable to those applicable to Common Stock in this Section 8. Such The adjustment pursuant to this Section 8(a) shall be made successively whenever any event listed above shall occur.

Appears in 2 contracts

Samples: Warrant Agreement (Orbital Sciences Corp /De/), Warrant Agreement (Mikohn Gaming Corp)

Adjustment for Change in Capital Stock. If Except as provided in Paragraph 4 (p) below, if the Company shall (i) pays declare a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 stock, (ii) subdivide its outstanding Common Stock Stock, or (viii) issues issue any shares of its capital stock by reclassification of its Common Stock (including any shares of its capital stocksuch reclassification in connection with a consolidation or merger in which the Company is the continuing corporation), then in each such case the Exercise Warrant Price in effect immediately prior to such action shall be proportionately adjusted so that if this Warrant is thereafter exercised, the holder of any Warrant thereafter exercised Holder may receive the aggregate number and kind of shares of capital stock of the Company which he it would have owned immediately following such action if such it had exercised this Warrant had been exercised immediately prior to such action. Such adjustment shall be made successively whenever such an event shall occur. 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 subdivision or reclassification. If, If after an adjustment, a holder of a Warrant adjustment the Holder upon exercise of it this Warrant may receive shares of two or more classes of capital stock of the Company, the Company shall determineCompany's Board of Directors, in good faith, shall determine the allocation of the adjusted Exercise Warrant Price between the classes of capital stock. After such allocation, the exercise privilege and the Exercise Warrant 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 84. Such adjustment shall be made successively whenever any event listed above shall occur.Redeemable Common Stock Purchase Warrant-$0.80 issued by Digital Power Corporation

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Digital Power Corp)

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 (v) issues by reclassification of its Common Stock any shares of its capital stock, then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Holder shall receive, if this Warrant is thereafter exercised may receive exercised, the aggregate number and kind of shares of capital stock of the Company which he it would have owned immediately following such action 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 Holder upon exercise of it this Warrant 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 Common Stock in this Section 83. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 1 contract

Samples: Far East Energy Corp

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 (v) issues by reclassification of its Common Stock any shares of its capital stock, then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of capital stock of the Company which he would have owned immediately following such action 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 Common Stock in this Section 89. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 1 contract

Samples: Warrant Agreement (TMM Holdings)

Adjustment for Change in Capital Stock. If the Company Enterprises (i) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 (v) issues by reclassification of its Common Stock any shares of its capital stock, ; then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of capital stock of the Company Enterprises which he would have owned immediately following such action 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 CompanyEnterprises, the Company Enterprises shall determine, in good faith, determine 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 Common Stock in this Section 811. Such adjustment shall be made successively whenever any event listed above shall occur. If the occurrence of any event listed in this subsection (a) results in an adjustment under any provision of this Section 11 other than Section 11(q), no adjustment shall be made under this subsection (a).

Appears in 1 contract

Samples: Warrant Agreement (Aladdin Gaming Enterprises Inc)

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 (v) issues by reclassification of its Common Stock any shares of its capital stock, then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of 22 24 capital stock of the Company which he would have owned immediately following such action 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 Common Stock in this Section 8. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 1 contract

Samples: Warrant Agreement (Instron Lawrence Corp)

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend or makes a distribution on its Common Stock Stock, in each case in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 (v) issues by reclassification of its Common Stock any shares of its capital stock, then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder Holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of capital stock of the Company which he would have owned immediately following such action 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 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 Common Stock in this Section 86.01. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 1 contract

Samples: Warrant Agreement (Harvest Natural Resources, Inc.)

Adjustment for Change in Capital Stock. If Except as provided in Paragraph 4(p) below, if the Company shall (i) pays declare a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 stock, (ii) subdivide its outstanding Common Stock Stock, or (viii) issues issue any shares of its capital stock by reclassification of its Common Stock (including any shares of its capital stocksuch reclassification in connection with a consolidation or merger in which the Company is the continuing corporation), then in each such case the Exercise Warrant Price in effect immediately prior to before such action shall be proportionately adjusted so that if this Warrant is thereafter exercised, the holder of any Warrant thereafter exercised Holder may receive the aggregate number and kind of shares of capital stock of the Company which he it would have owned immediately following such action if such it had exercised this Warrant had been exercised immediately prior to before such action. Such adjustment shall be made successively whenever such an event shall occur. 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 subdivision or reclassification. If, If after an adjustment, a holder of a Warrant adjustment the Holder upon exercise of it this Warrant may receive shares of two or more classes of capital stock of the Company, the Company shall determineCompany's Board of Directors, in good faith, shall determine the allocation of the adjusted Exercise Warrant Price between the classes of capital stock. After such allocation, the exercise privilege and the Exercise Warrant 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 8. Such adjustment shall be made successively whenever any event listed above shall occur4.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Digital Power Corp)

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend in shares of Common Stock or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 (v) issues by reclassification of its Common Stock any shares of its capital stock, then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of capital stock of the Company which he would have owned immediately following such action 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 that Warrant 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 Common Stock in this Section 8. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 1 contract

Samples: Warrant Agreement (Ffi International Inc)

Adjustment for Change in Capital Stock. If the Company (i) Company: pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) ; subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) ; combines 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 Stock; or (v) issues by reclassification of its Common Stock any shares of its capital stock, ; then the Exercise Price in effect immediately prior to such action and the number and kind of shares into which a Warrant is exercisable shall all be proportionately adjusted appropriately so that the holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of capital stock of the Company which he would have owned immediately following such action 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, If after an adjustment, 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 Board of Directors of the Company shall determine, in good faith, determine 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 Common Stock in this Section 8Section. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 1 contract

Samples: Warrant Agreement (Malek Frederic V)

Adjustment for Change in Capital Stock. If the Company Company: (i1) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock, ; (ii2) subdivides its outstanding shares of Common Stock into a greater number of shares, ; (iii3) combines its outstanding shares of Common Stock into a smaller number of shares, number; (iv4) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock Stock; or (v5) issues by reclassification of its Common Stock any shares of its capital stock, then the Exercise Price in effect Warrant Number immediately prior to such action shall be proportionately adjusted so that the holder Holder of any Warrant thereafter exercised may shall receive the aggregate number and kind of shares of capital stock of the Company which he such Holder would have owned immediately following such action 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, If after an adjustment, adjustment a holder Holder upon exercise 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, reasonably determine the allocation of the adjusted Exercise Price between the classes of capital stock. After such allocation, the exercise privilege and the Exercise Price number of shares of each such class of capital stock shall thereafter be subject to adjustment on terms comparable to those applicable to Common Stock in this Section 84.02. Such adjustment shall be made successively whenever any event listed above shall occur.. (b)

Appears in 1 contract

Samples: Warrant Agreement (Pacific Gas & Electric Co)

Adjustment for Change in Capital Stock. If Except as provided in Paragraph 4 (p) below, if the Company shall (i) pays declare a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 stock, (ii) subdivide its outstanding Common Stock Stock, or (viii) issues issue any shares of its capital stock by reclassification of its Common Stock (including any shares of its capital stocksuch reclassification in connection with a consolidation or merger in which the Company is the continuing corporation), then in each such case the Exercise Warrant Price in effect immediately prior to such action shall be proportionately adjusted so that if this Warrant is thereafter exercised, the holder of any Warrant thereafter exercised Holder may receive the aggregate number and kind of shares of capital stock of the Company which he it would have owned immediately following such action if such it had exercised this Warrant had been exercised immediately prior to such action. Such adjustment shall be made successively whenever such an event shall occur. 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 subdivision or reclassification. If, If after an adjustment, a holder of a Warrant adjustment the Holder upon exercise of it this Warrant may receive shares of two or more classes of capital stock of the Company, the Company shall determineCompany's Board of Directors, in good faith, shall determine the allocation of the adjusted Exercise Warrant Price between the classes of capital stock. After such allocation, the exercise privilege and the Exercise Warrant 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 84. Such adjustment shall be made successively whenever any event listed above shall occur.Redeemable Common Stock Purchase Warrant-$0.90 issued by Digital Power Corporation

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Digital Power Corp)

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Adjustment for Change in Capital Stock. If Except as provided in Paragraph 4 (l) below, if the Company shall (i) pays declare a dividend or makes a distribution on its outstanding Common Stock in shares of its capital stock, (ii) subdivide its outstanding Common Stock, (iiiii) subdivides combine its outstanding shares of Common Stock into a greater number of shares, (iii) combines its outstanding shares of Common Stock into a smaller number of shares, or (iv) makes a distribution on its Common Stock in issue any shares of its capital stock other than Common Stock or (v) issues by reclassification of its Common Stock (including any shares of its capital stocksuch reclassification in connection with a consolidation or merger in which the Company is the continuing corporation), then in each such case the Exercise Warrant Price in effect immediately prior to such action shall be proportionately adjusted so that if this Warrant is thereafter exercised, the holder of any Warrant thereafter exercised Holder may receive the aggregate number and kind of shares of capital stock of which the Company which he Holder would have owned immediately following such action if such the Holder had exercised this Warrant had been exercised immediately prior to such action. Such adjustment shall be made successively whenever such an event shall occur. 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, If after an adjustment, a holder of a Warrant adjustment the Holder upon exercise of it this Warrant may receive shares of two or more classes of capital stock of the Company, the Company shall determineCompany's Board of Directors, in good faith, shall determine the allocation of the adjusted Exercise Warrant Price between the classes of capital stock. After such allocation, the exercise privilege and the Exercise Warrant 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 8. Such adjustment shall be made successively whenever any event listed above shall occur4.

Appears in 1 contract

Samples: Noble Romans Inc

Adjustment for Change in Capital Stock. If the Company (i1) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii2) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii3) combines its outstanding shares of Common Stock into a smaller number of shares, (iv4) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock or (v5) issues by reclassification of its Common Stock any shares of its capital stock, then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of capital stock of the Company which he would have owned immediately following such action 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 Common Stock in this Section 86.01. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 1 contract

Samples: Warrant Agreement (Synutra International, Inc.)

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend or makes a distribution on its Common Stock payable in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 (v) issues by reclassification of its Common Stock any shares of its capital stock, then the Exercise Price in effect immediately prior to such action shall shall, subject to the second sentence of the first paragraph of this SECTION 8, be proportionately adjusted so that the holder of any then outstanding Warrant thereafter exercised after such action may receive the aggregate number and kind of shares of capital stock of the Company which he such holder would have owned immediately following such action if assuming the exercise of 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 adjustmentadjustment pursuant to CLAUSE (V) above, 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 after such action be subject to adjustment on terms comparable to those applicable to Common Stock in this Section SECTION 8. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 1 contract

Samples: Warrant Agreement (National Coal Corp)

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines its outstanding shares of Common Stock into a smaller number of shares, or (iv) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock or (v) issues by reclassification of its Common Stock any shares of its capital stockCapital Stock, then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Warrant thereafter exercised may receive upon exercise of such Warrant the aggregate number and kind of shares of capital stock Capital Stock of the Company which he would have owned immediately following such action if such Warrant had been exercised immediately prior to such action. The adjustment under this Section 6.01(a) 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 Capital Stock of the Company, the Company shall determine, in good faith, the allocation of the adjusted Exercise Price between the classes of capital stockCapital Stock. After such allocation, the exercise privilege and the Exercise Price of each class of capital stock Capital Stock shall thereafter be subject to adjustment on terms comparable to those applicable to Common Stock in this Section 86. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 1 contract

Samples: Conseco Inc

Adjustment for Change in Capital Stock. If Except as provided in Subsection 4(c) below, if the Company shall (i) pays declare a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 stock, (ii) subdivide its outstanding Common Stock Stock, or (viii) issues issue any shares of its capital stock by reclassification of its Common Stock (including any shares of its capital stocksuch reclassification in connection with a consolidation or merger in which the Company is the continuing corporation), then in each such case the Exercise Warrant Price in effect immediately prior to such action shall be proportionately adjusted so that if this Warrant is thereafter exercised, the holder of any Warrant thereafter exercised Holder may receive the aggregate number and kind of shares of capital stock of the Company which he it would have owned immediately following such action if such it had exercised this Warrant had been exercised immediately prior to such action. Such adjustment shall be made successively whenever such an event shall occur. 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 subdivision or reclassification. If, If after an adjustment, a holder of a Warrant adjustment the Holder upon exercise of it this Warrant may receive shares of two or more classes of capital stock of the Company, the Company shall determineCompany’s Board of Directors, in good faith, shall determine the allocation of the adjusted Exercise Warrant Price between the classes of capital stock. After such allocation, the exercise privilege and the Exercise Warrant 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 84. Such adjustment shall be made successively whenever any event listed above shall occur.Common Stock Warrant Issued by Mateon Therapeutics, Inc.

Appears in 1 contract

Samples: Common Stock Warrant (Mateon Therapeutics Inc)

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 (v) issues by reclassification of its Common Stock any shares of its capital stock, ; then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of capital stock of the Company which he would have owned immediately following such action 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 Common Stock in this Section 811. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 1 contract

Samples: Warrant Agreement (Insilco Holding Co)

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend or makes a distribution on its Class C Common Stock in shares of its Class C Common Stock, (ii) subdivides its outstanding shares of Class C Common Stock into a greater number of shares, (iii) combines its outstanding shares of Class C Common Stock into a smaller number of shares, (iv) 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, then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of capital stock of the Company which he would have owned immediately following such action 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 87. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 1 contract

Samples: Warrant Agreement (Derby Cycle Corp)

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend or makes a distribution on its Common Stock payable in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 (v) issues by reclassification of its Common Stock any shares of its capital stock, then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that that, after giving effect to Section 8(g), the holder of any Warrant thereafter exercised after such action may receive the aggregate number and kind of shares of capital stock of the Company which he such holder would have owned immediately following such action if assuming the exercise of such Warrant had been exercised immediately prior to such action, or, if applicable, the record date for 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 adjustmentadjustment pursuant to clause (v) above, 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 after such action be subject to adjustment on terms comparable to those applicable to Common Stock in this Section 8. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 1 contract

Samples: Warrant Agreement (Idleaire Technologies Corp)

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend or makes a distribution on its Common Stock payable in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 (v) issues by reclassification of its Common Stock any shares of its capital stock, then the applicable Exercise Price in effect immediately prior to such action shall shall, subject to the proviso to the first sentence of the first paragraph of this Section 8, be proportionately adjusted so that the holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of capital stock of the Company which he such holder would have owned immediately following such action as 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 applicable 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 8. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 1 contract

Samples: Warrant Agreement (Harbin Electric, Inc)

Adjustment for Change in Capital Stock. If the Company Holdings (i) pays a -------------------------------------- dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 (v) issues by reclassification of its Common Stock any shares of its capital stock, ; then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of capital stock of the Company Holdings which he would have owned immediately following such action 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 CompanyHoldings, the Company Holdings shall determine, in good faith, determine 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 Common Stock in this Section 8. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 1 contract

Samples: Warrant Agreement (Amsc Acquisition Co Inc)

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend or makes a distribution on its Common Capital Stock in shares of its Common Capital Stock, (ii) subdivides its outstanding shares of Common Capital Stock into a greater number of shares, (iii) combines its outstanding shares of Common Capital Stock into a smaller number of shares, or (iv) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock or (v) issues by reclassification of its Common Capital Stock any shares of its capital stockCapital Stock, then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of capital stock Capital Stock of the Company which he would have owned immediately following such action 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 stockCapital Stock. After such allocation, the exercise privilege and the Exercise Price of each class of capital stock Capital Stock shall thereafter be subject to adjustment on terms comparable to those applicable to Common Capital Stock in this Section 8. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 1 contract

Samples: Warrant Agreement (Maxcom Telecommunications Inc)

Adjustment for Change in Capital Stock. If Except as provided in Paragraph 4 (p) below, if the Company shall (i) pays declare a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 stock, (ii) subdivide its outstanding Common Stock Stock, or (viii) issues issue any shares of its capital stock by reclassification of its Common Stock (including any shares of its capital stocksuch reclassification in connection with a consolidation or merger in which the Company is the continuing corporation), then in each such case the Exercise Warrant Price in effect immediately prior to such action shall be proportionately adjusted so that if this Warrant is thereafter exercised, the holder of any Warrant thereafter exercised Holder may receive the aggregate number and kind of shares of capital stock of the Company which he it would have owned immediately following such action if such it had exercised this Warrant had been exercised immediately prior to such action. Such adjustment shall be made successively whenever such an event shall occur. 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 subdivision or reclassification. If, If after an adjustment, a holder of a Warrant adjustment the Holder upon exercise of it this Warrant may receive shares of two or more classes of capital stock of the Company, the Company shall determineCompany's Board of Directors, in good faith, shall determine the allocation of the adjusted Exercise Warrant Price between the classes of capital stock. After such allocation, the exercise privilege and the Exercise Warrant 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 8. Such adjustment shall be made successively whenever any event listed above shall occur4.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (DPW Holdings, Inc.)

Adjustment for Change in Capital Stock. If Except as provided in Paragraph 4 (p) below, if the Company shall (i) pays declare a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 stock, (ii) subdivide its outstanding Common Stock Stock, or (viii) issues issue any shares of its capital stock by reclassification of its Common Stock (including any shares of its capital stocksuch reclassification in connection with a consolidation or merger in which the Company is the continuing corporation), then in each such case the Exercise Warrant Price in effect immediately prior to such action shall be proportionately adjusted so that if this Warrant is thereafter exercised, the holder of any Warrant thereafter exercised Holder may receive the aggregate number and kind of shares of capital stock of the Company which he it would have owned immediately following such action if such it had exercised this Warrant had been exercised immediately prior to such action. Such adjustment shall be made successively whenever such an event shall occur. 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 subdivision or reclassification. If, If after an adjustment, a holder of a Warrant adjustment the Holder upon exercise of it this Warrant may receive shares of two or more classes of capital stock of the Company, the Company shall determineCompany's Board of Directors, in good faith, shall determine the allocation of the adjusted Exercise Warrant Price between the classes of capital stock. After such allocation, the exercise privilege and the Exercise Warrant 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 84. Such adjustment shall be made successively whenever any event listed above shall occur.Issued by Digital Power Corporation to ____________________

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Digital Power Corp)

Adjustment for Change in Capital Stock. If Except as provided in Subsection 4(b) below, if the Company shall (i) pays declare a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 stock, (ii) subdivide its outstanding Common Stock Stock, or (viii) issues issue any shares of its capital stock by reclassification of its Common Stock (including any shares of its capital stocksuch reclassification in connection with a consolidation or merger in which the Company is the continuing corporation), then in each such case the Exercise Warrant Price in effect immediately prior to such action shall be proportionately adjusted so that if this Warrant is thereafter exercised, the holder of any Warrant thereafter exercised Holder may receive the aggregate number and kind of shares of capital stock of the Company which he it would have owned immediately following such action if such it had exercised this Warrant had been exercised immediately prior to such action. Such adjustment shall be made successively whenever such an event shall occur. 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 subdivision or reclassification. If, If after an adjustment, a holder of a Warrant adjustment the Holder upon exercise of it this Warrant may receive shares of two or more classes of capital stock of the Company, the Company shall determineCompany’s Board of Directors, in good faith, shall determine the allocation of the adjusted Exercise Warrant Price between the classes of capital stock. After such allocation, the exercise privilege and the Exercise Warrant 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 8. Such adjustment shall be made successively whenever any event listed above shall occurSection4.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Oncotelic Therapeutics, Inc.)

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 Capital Stock other than Common Stock or (v) issues by reclassification of its Common Stock any shares of its capital stock, Capital Stock; then the Exercise Price in effect immediately prior to such action number of shares issuable upon the exercise of the Warrants shall be proportionately adjusted so that the any holder of any Warrant Warrants thereafter exercised may receive the aggregate number and kind of shares of capital stock of the Company Capital Stock which he would have owned immediately following such action 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 The exercise privilege and the Exercise Price of each class of capital stock Capital Stock shall thereafter be subject to adjustment on terms comparable to those applicable to Common Stock in this Section 811. Such adjustment shall be made successively whenever any event listed above shall occur. If the occurrence of any event listed in this subsection (a) results in a comparable adjustment under any other provision of this Section 11, no adjustment shall be made under this subsection (a).

Appears in 1 contract

Samples: First Warrant Agreement (Windsor Woodmont Black Hawk Resort Corp)

Adjustment for Change in Capital Stock. If the Company (i) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 (v) issues by reclassification of its Common Stock any shares of its capital stock, ; then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of capital stock of the Company which he would have owned immediately following such action 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, determine 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 Common Stock in this Section 8. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 1 contract

Samples: Warrant Agreement (Onepoint Communications Corp /De)

Adjustment for Change in Capital Stock. If the Company Holdings (i) pays -------------------------------------- a dividend or makes a distribution on its Common Stock in shares of its Common Stock, (ii) subdivides its outstanding shares of Common Stock into a greater number of shares, (iii) combines 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 (v) issues by reclassification of its Common Stock any shares of its capital stock, ; then the Exercise Price in effect immediately prior to such action shall be proportionately adjusted so that the holder of any Warrant thereafter exercised may receive the aggregate number and kind of shares of capital stock of the Company Holdings which he would have owned immediately following such action 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 CompanyHoldings, the Company Holdings shall determine, in good faith, determine 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 Common Stock in this Section 8. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 1 contract

Samples: Xm Satellite Radio Holdings Inc

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