Adjustment for Change in Capital Stock. If at any time after the -------------------------------------- date hereof, the Company: (A) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock; (B) subdivides its outstanding shares of Common Stock into a greater number of shares; (C) combines its outstanding shares of Common Stock into a smaller number of shares; (D) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock; or (E) 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 adjusted so that the Holder may receive, upon exercise or exchange of this Warrant and payment of the same aggregate consideration, the number of shares of capital stock of the Company which the Holder would have owned immediately following such action if the Holder had exercised or exchanged the Warrant 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.
Appears in 7 contracts
Samples: Common Stock Purchase Warrant (Penn Octane Corp), Common Stock Purchase Warrant (Penn Octane Corp), Purchase Agreement (Penn Octane Corp)
Adjustment for Change in Capital Stock. If at any time after the -------------------------------------- date hereof, the Company:
(Ai) pays a dividend or makes a distribution on its Common Stock Stock, in either case in shares of its Common Stock;
(Bii) subdivides its outstanding shares of Common Stock into a greater number of shares;
(Ciii) combines its outstanding shares of Common Stock into a smaller number of shares;
(Div) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock; or
(Ev) issues by reclassification of its Common Stock any shares of its capital stock; , then the Exercise Price in effect number of shares of Common Stock issuable upon exercise of each Warrant immediately prior to such action shall be proportionately adjusted so that the Holder may receive, upon exercise or exchange holder of this any Warrant thereafter exercised shall receive the aggregate number and payment of the same aggregate consideration, the number kind of shares of capital stock of the Company which the Holder he would have owned immediately following such action if the Holder such Warrant had been exercised or exchanged the Warrant 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.
Appears in 7 contracts
Samples: Warrant Agreement (Virgin America Inc.), Warrant Agreement (Virgin America Inc.), Warrant Agreement (Virgin America Inc.)
Adjustment for Change in Capital Stock. If at any time after the -------------------------------------- date hereof, the Company:
: (Ai) pays a dividend or makes a distribution on its Common Stock common stock in either case in shares of its Common Stock;
common stock; (Bii) subdivides its outstanding shares of Common Stock common stock into a greater number of shares;
; (Ciii) combines its outstanding shares of Common Stock common stock into a smaller number of shares;
; (Div) makes a distribution on its Common Stock common stock in shares of its capital stock other than Common Stockcommon stock; or
or (Ev) issues by reclassification of its Common Stock common stock any shares of its capital stock; , then the Exercise Price in effect number of shares of common stock issuable upon exercise of each Warrant immediately prior to such action shall be proportionately adjusted so that the Holder may receive, upon exercise or exchange holder of this any Warrant thereafter exercised shall receive the aggregate number and payment of the same aggregate consideration, the number kind of shares of capital stock of the Company which the Holder he would have owned immediately following such action if the Holder such Warrant had been exercised or exchanged the Warrant 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.
Appears in 6 contracts
Samples: Warrant Agreement (Selway Capital Acquisition Corp.), Warrant Agreement (Selway Capital Acquisition Corp.), Warrant Agreement (Selway Capital Acquisition Corp.)
Adjustment for Change in Capital Stock. If at any time after the -------------------------------------- date hereof, the Company:
: (Ai) pays a dividend or makes a distribution on its Common Stock ordinary shares in shares of its Common Stock;
either case in ordinary shares; (Bii) subdivides its outstanding ordinary shares of Common Stock into a greater number of shares;
; (Ciii) combines its outstanding ordinary shares of Common Stock into a smaller number of shares;
; (Div) makes a distribution on its Common Stock ordinary shares in shares of its capital stock other than Common Stockordinary shares; or
or (Ev) issues by reclassification of its Common Stock ordinary shares any shares of its capital stock; , then the Exercise Price in effect number of ordinary shares issuable upon exercise of each Warrant immediately prior to such action shall be proportionately adjusted so that the Holder may receive, upon exercise or exchange holder of this any Warrant thereafter exercised shall receive the aggregate number and payment of the same aggregate consideration, the number kind of shares of capital stock of the Company which the Holder he would have owned immediately following such action if the Holder such Warrant had been exercised or exchanged the Warrant 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.
Appears in 6 contracts
Samples: Warrant Agreement (CIS Acquisition Ltd.), Warrant Agreement (CIS Acquisition Ltd.), Warrant Agreement (CIS Acquisition Ltd.)
Adjustment for Change in Capital Stock. If at any time after the -------------------------------------- date hereof, hereof the Company:
(A) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock;
(B) subdivides its outstanding shares of Common Stock into a greater number of shares;
(C) combines its outstanding shares of Common Stock into a smaller number of shares;
(D) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock; or
(E) issues by reclassification of its Common Stock any shares of its capital stock; then the number and kind of securities purchasable upon the exercise of this Warrant and the Exercise Price in effect immediately prior to such action shall be adjusted so that the Holder may receive, receive upon exercise or exchange of this Warrant and payment of the same aggregate consideration, consideration the number of shares of capital stock of the Company which the Holder would have owned immediately following such action if the Holder had exercised or exchanged the this Warrant 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.
Appears in 4 contracts
Samples: Common Stock and Warrant Purchase Agreement (Avigen Inc \De), Common Stock and Warrant Purchase Agreement (Avigen Inc \De), Common Stock and Warrant Purchase Agreement (Avigen Inc \De)
Adjustment for Change in Capital Stock. If at any time after the -------------------------------------- date hereof, the Company:
: (Ai) pays a dividend or makes a distribution on its Common Stock in either case in shares of its Common Stock;
; (Bii) subdivides its outstanding shares of Common Stock into a greater number of shares;
; (Ciii) combines its outstanding shares of Common Stock into a smaller number of shares;
; (Div) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock; or
or (Ev) issues by reclassification of its Common Stock any shares of its capital stock; , then the Exercise Price in effect number of shares of Common Stock issuable upon exercise of each Warrant immediately prior to such action shall be proportionately adjusted so that the Holder may receive, upon exercise or exchange holder of this any Warrant thereafter exercised shall receive the aggregate number and payment of the same aggregate consideration, the number kind of shares of capital stock of the Company which the Holder he would have owned immediately following such action if the Holder such Warrant had been exercised or exchanged the Warrant 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.
Appears in 4 contracts
Samples: Warrant Agreement (Prime Acquisition Corp), Warrant Agreement (Prime Acquisition Corp), Warrant Agreement (Prime Acquisition Corp)
Adjustment for Change in Capital Stock. If at any time after the -------------------------------------- date hereof, the Company:
(Ai) pays a dividend or makes a distribution on its Common Stock in either case in shares of its Common Stock;
(Bii) subdivides its outstanding shares of Common Stock into a greater number of shares;
(Ciii) combines its outstanding shares of Common Stock into a smaller number of shares;
(Div) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock; or
(Ev) issues by reclassification of its Common Stock any shares of its capital stock; , then the Exercise Price in effect number of shares of Common Stock issuable upon exercise of each Warrant immediately prior to such action shall be proportionately adjusted so that the Holder may receive, upon exercise or exchange holder of this any Warrant thereafter exercised shall receive the aggregate number and payment of the same aggregate consideration, the number kind of shares of capital stock of the Company which the Holder he would have owned immediately following such action if the Holder such Warrant had been exercised or exchanged the Warrant 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.
Appears in 2 contracts
Samples: Warrant Agreement (Lambert's Cove Acquisition CORP), Warrant Agreement (Wattles Acquisition Corp)
Adjustment for Change in Capital Stock. If at any time after the -------------------------------------- date hereof, the CompanyParent:
(A1) pays a dividend or makes a distribution on its Common Stock Stock, in either case in shares of its Common Stock;
(B2) subdivides its outstanding shares of Common Stock into a greater number of shares;
(C3) combines its outstanding shares of Common Stock into a smaller number of shares;
(D4) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock; or
(E5) issues by reclassification of its Common Stock any shares of its capital stock; , then the Exercise Price in effect number of shares of Common Stock issuable upon exercise of each Warrant immediately prior to such action shall be proportionately adjusted so that the Holder may receive, upon exercise or exchange holder of this any Warrant Certificate thereafter exercised shall receive the aggregate number and payment of the same aggregate consideration, the number kind of shares of capital stock of the Company Parent which the Holder he would have owned immediately following such action if the Holder such Warrant had been exercised or exchanged the Warrant 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.
Appears in 1 contract
Samples: Unit Purchase Agreement (GPPW Inc)
Adjustment for Change in Capital Stock. If at any time after the -------------------------------------- date hereof, the Company:
(Ai) pays a dividend or makes a distribution on its Common Stock Stock, in either case in shares of its Common Stock;
(Bii) subdivides its outstanding shares of Common Stock into a greater number of shares;
(Ciii) combines its outstanding shares of Common Stock into a smaller number of shares;
(Div) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock; or
(Ev) issues by reclassification of its Common Stock any shares of its capital stock; , then the Exercise Price in effect number of shares of Common Stock issuable upon exercise of the Warrant immediately prior to such action shall be proportionately adjusted so that the Holder may receive, upon exercise or exchange of this Warrant and payment holder of the same Warrant thereafter exercised shall receive the aggregate consideration, the number and kind of shares of capital stock of the Company which the Holder he would have owned immediately following such action if the Holder Warrant had been exercised or exchanged the Warrant 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.
Appears in 1 contract
Adjustment for Change in Capital Stock. If at any time after the -------------------------------------- date hereof, the Company:
(Ai) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock;
(Bii) subdivides or reclassifies its outstanding shares of Common Stock into a greater number of sharesshares of Common Stock;
(Ciii) combines or reclassifies its outstanding shares of Common Stock into a smaller number of shares;
(D) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock; or
(Eiv) issues by reclassification of its Common Stock any shares of its capital stock; then the Exercise Warrant Number and the Purchase Price in effect immediately prior to such action shall be proportionately adjusted so that the Registered Holder may receive, upon exercise or exchange of this Warrant thereafter may receive the aggregate number and payment of the same aggregate consideration, the number kind of shares of capital stock of the Company which the Registered Holder would have owned immediately following such action if this Warrant had been exercised immediately prior to such action for the Holder had exercised or exchanged the Warrant aggregate consideration payable 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.
Appears in 1 contract
Samples: Warrant Agreement (Planetout Inc)
Adjustment for Change in Capital Stock. If at any time after the -------------------------------------- date hereof, the Company:: --------------------------------------
(A1) pays a dividend or makes a distribution on its Common Stock Stock, in each case, in shares of its Common Stock;
(B2) subdivides its outstanding shares of Common Stock into a greater number of shares;
(C3) combines its outstanding shares of Common Stock into a smaller number of shares;
(D4) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock; or
(E5) issues by reclassification of its shares of Common Stock any shares of its capital stock; then the Exercise Price number and classes of shares purchasable upon exercise of this Warrant in effect immediately prior to such action shall be adjusted so that the Holder may receive, upon exercise or exchange holder of this Warrant and payment of the same aggregate consideration, thereafter exercised may receive the number and classes of shares of capital stock of the Company which the Holder such holder would have owned immediately following such action if the Holder such holder had exercised or exchanged the Warrant immediately prior to such action. The For a dividend or distribution the adjustment shall become effective immediately after the record date in for the case of a dividend or distribution and immediately after the effective date in the case of distribution. For a subdivision, combination or reclassification, the adjustment shall become effective immediately after the effective date of the subdivision, combination or reclassification.
Appears in 1 contract
Adjustment for Change in Capital Stock. If at any time after the -------------------------------------- date hereof, the Company:
(Ai) pays a dividend or makes a distribution on its Common Stock Stock, in either case in shares of its Common Stock;
(Bii) subdivides its outstanding shares of Common Stock into a greater number of shares;
(Ciii) combines its outstanding shares of Common Stock into a smaller number of shares;
(Div) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock; or
(Ev) issues by reclassification of its Common Stock any shares of its capital stock; . then the Exercise Price in effect number of shares of Series C Preferred Stock issuable upon the exercise of this Warrant immediately prior to such action shall be proportionately adjusted so that the Holder may receive, upon exercise or exchange of this Warrant thereafter exercised shall receive the aggregate number and payment of the same aggregate consideration, the number kind of shares of capital stock of the Company which the Holder he would have owned immediately following such action if the Holder Warrant had been exercised or exchanged the Warrant 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.
Appears in 1 contract