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

Adjustment for Change in Capital Stock. If at any time after the ----------------------------------------- date hereof, the Company: 1. pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock; 2. subdivides its outstanding shares of Common Stock into a greater number of shares; 3. combines its outstanding shares of Common Stock into a smaller number of shares; 4. makes a distribution on its Common Stock in shares of its capital stock other than Common Stock; or 5. 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 of shares and type of capital stock issuable upon the exercise of this Warrant shall be adjusted so that the Holder may receive, upon exercise or exchange of this Warrant and payment of the same aggregate consideration as provided herein and any proportionate part thereof upon any partial exercise of this Warrant, 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 the applicable record date or effective date of such action. The adjustment shall become effective immediately after the record date for the determination of stockholders entitled to receive the dividend or distribution in the case of a dividend or distribution and as of the effective date of any subdivision, combination or reclassification.

Appears in 13 contracts

Samples: Common Stock Purchase Warrant (Penn Octane Corp), Warrant Agreement (Penn Octane Corp), Common Stock Purchase Warrant (Penn Octane Corp)

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Adjustment for Change in Capital Stock. If at any time after the ----------------------------------------- ---------------------------------------- date hereof, the Company: 1. (A) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock; 2. (B) subdivides its outstanding shares of Common Stock into a greater number of shares; 3. (C) combines its outstanding shares of Common Stock into a smaller number of shares; 4. (D) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock; or 5. (E) issues by reclassification of its Common Stock any shares of its capital stock; then the number and kind of securities purchasable upon exercise or exchange of this Warrant and the Exercise Price in effect immediately prior to such action and the number of shares and type of capital stock issuable upon the exercise of this Warrant shall each be adjusted so that the Holder may receive, receive upon exercise or exchange of this Warrant and payment of the same aggregate consideration as provided herein and any proportionate part thereof upon any partial exercise of this Warrantconsideration, 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 the applicable record date or effective date of such action. The adjustment shall become effective immediately after the record date for the determination of stockholders entitled to receive the dividend or distribution in the case of a dividend or distribution and as of immediately after the effective date in the case of any a subdivision, combination or reclassification.

Appears in 4 contracts

Samples: Common Stock Purchase Warrant (Penn Octane Corp), Common Stock Purchase Warrant (Penn Octane Corp), Common Stock Purchase Warrant (Penn Octane Corp)

Adjustment for Change in Capital Stock. If at any time after the ----------------------------------------- date --------------------------------------- hereof, the Company: 1. (A) pays a dividend or makes a distribution on its Common Stock in shares of its Common Stock; 2. (B) subdivides its outstanding shares of Common Stock into a greater number of shares; 3. (C) combines its outstanding shares of Common Stock into a smaller number of shares; 4. (D) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock; or 5. (E) issues by reclassification of its Common Stock any shares of its capital stock; then the number and kind of securities purchasable upon exercise or exchange of this Warrant and the Exercise Price in effect immediately prior to such action and the number of shares and type of capital stock issuable upon the exercise of this Warrant shall each be adjusted so that the Holder may receive, receive upon exercise or exchange of this Warrant and payment of the same aggregate consideration as provided herein and any proportionate part thereof upon any partial exercise of this Warrantconsideration, 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 the applicable record date or effective date of such action. The adjustment shall become effective immediately after the record date for the determination of stockholders entitled to receive the dividend or distribution in the case of a dividend or distribution and as of immediately after the effective date in the case of any a subdivision, combination or reclassification.

Appears in 3 contracts

Samples: Common Stock Purchase Warrant (Penn Octane Corp), Common Stock Purchase Warrant (Penn Octane Corp), Rollover and Assignment Agreement (Penn Octane Corp)

Adjustment for Change in Capital Stock. If at any time after the ----------------------------------------- date hereof, the Company: 1. Company (i) pays -------------------------------------- a dividend or makes a distribution on its Common Stock payable in shares of its Common Stock; 2. , (ii) subdivides its outstanding shares of Common Stock into a greater number of shares; 3. , (iii) combines its outstanding shares of Common Stock into a smaller number of shares; 4. , (iv) makes a distribution on its Common Stock in shares of its capital stock other than Common Stock; or 5. Stock or (v) issues by reclassification of its Common Stock any shares of its capital stock; then , then, in each case, the Exercise Price and the number and kind of shares of capital stock of the Company issuable upon the exercise of a Warrant (as in effect immediately prior to such action and the number of shares and type of capital stock issuable upon the exercise of this Warrant action) shall be proportionately adjusted so that any Warrant thereafter exercised shall entitle the Holder may receiveHolder, upon exercise or exchange of this Warrant and payment of the same aggregate consideration as provided herein and any proportionate part thereof upon any partial exercise of this Warrantadjusted Exercise Price, the aggregate number and kind of shares of capital stock of the Company which the Holder he would have owned immediately following such action if such Warrant had been exercised, upon payment of the Holder had exercised Exercise Price prior to adjustment, immediately prior to such action (or, in the case of a dividend or exchanged the Warrant distribution of Common Stock, immediately prior to the applicable record date or effective date of such actiontherefor). The adjustment shall become effective immediately after the record date for the determination of stockholders entitled to receive the dividend or distribution in the case of a dividend or distribution and as of immediately after the effective date in the case of any a subdivision, combination or reclassification. Such adjustment shall be made successively whenever any event listed above shall occur.

Appears in 1 contract

Samples: Warrant Agreement (Alyn Corp)

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Adjustment for Change in Capital Stock. If at any time If, after the ----------------------------------------- date hereof, the Company: 1. Company pays (i) a dividend or makes a distribution on its Common Stock in shares of its Common Stock; 2. , (ii) subdivides its outstanding shares of Common Stock into a greater number of shares; 3. , (iii) combines its outstanding shares of Common Stock into a smaller number of shares; 4. , (iv) pays a dividend or makes a distribution on its Common Stock in shares of its capital stock Capital Stock (as defined below) (other than Common Stock; or 5. Stock or rights, warrants, or options for its Common Stock to the extent such issuance or distribution is covered by Section 5.3), or (v) issues by reclassification of its Common Stock any shares of its capital stock; Capital Stock (other than rights, warrants or options for its Common Stock), then the Exercise Price Rate in effect immediately prior to such action and the number of shares and type of capital stock issuable upon the exercise of this Warrant shall be adjusted so that the Holder holder of a Warrant thereafter exercised may receive, upon exercise or exchange of this Warrant and payment of the same aggregate consideration as provided herein and any proportionate part thereof upon any partial exercise of this Warrant, receive the number of shares of capital stock 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 or immediately prior to the applicable record date or effective date applicable thereto, if any (regardless of such actionwhether the Warrants are then exercisable and without giving effect to the Cashless Exercise option). The adjustment shall become effective immediately after the record date for the determination of stockholders entitled to receive the dividend or distribution in the case of a dividend or distribution and as of immediately after the effective date in the case of any a subdivision, combination or reclassification.11

Appears in 1 contract

Samples: Warrant Agreement (Cellnet Data Systems Inc)

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