Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the market price per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: E' = E x O + ( P) M A where: E' = the adjusted Exercise Price. E = the Exercise Price immediately prior to the adjustment. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the market price per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 3 contracts
Samples: Form of Warrant Agreement (Moscow Cablecom Corp), Warrant Agreement (Moscow Cablecom Corp), Warrant Agreement (Moscow Telecommunications Corp)
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the market price Fair Value per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: P O + --- M E' = E x O + ( P) M ------- A where: E' = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the market price Fair Value per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 2 contracts
Samples: Warrant Agreement (Horizon Personal Communications Inc), Warrant Agreement (Airgate Wireless Inc)
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the market price Fair Value per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: P ---- E' = E x O + ( P) M ----------- A where: E' = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the market price Fair Value per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 2 contracts
Samples: Warrant Agreement (Insilco Holding Co), Class B Warrant Agreement (Osullivan Industries Holdings Inc)
Adjustment for Common Stock Issue. If the Company issues shares of --------------------------------- Common Stock for a consideration per share less than the market price Current Market Price per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: P - E' = E x O + ( P) M ------- A where: E' = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the market price Current Market Price per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 1 contract
Samples: Warrant Agreement (Creditrust Corp)
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the lower of the Exercise Price or current market price per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: P E' ’ = E x O + ( P) M A where: E' ’ = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the current market price per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (db) does not apply to:
Appears in 1 contract
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the market price Fair Value per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: P ----- E' = E x O + ( P) M ------------------- A where: E' = E'= the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the market price Fair Value per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 1 contract
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the market price Current Market Price per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: P --- E' = x E x O S + ( P) M ---------- A where: E' = the adjusted Exercise Price. E = the current Exercise Price immediately prior to the adjustmentPrice. O S = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the market price Current Market Price per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, made and shall become effective immediately after such issuance. This subsection (d) does not apply to:.
Appears in 1 contract
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the market price Current Market Price per share on the date the Company fixes the offering price of such additional shares, the Exercise Price Rate shall be adjusted in accordance with the formula: E' = E x O + ( P) N E'= Ex ------------- N x P O + -------- M A where: E' = the adjusted Exercise PriceRate. E = the then current Exercise Price immediately prior to the adjustmentRate. O = the number of shares outstanding immediately prior to the issuance of such additional shares. N = the number of additional shares of Common Stock issued. P = the aggregate consideration received per share for the issuance of such additional shares. M = the market price Current Market Price per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 1 contract
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the market price Current Market Price per share on the date the Company fixes the offering price of such additional shares, the Exercise Conversion Price shall be adjusted in accordance with the formula: P - E' = E x O + ( P) M ----- A where: E' = the adjusted Exercise Conversion Price. E = the Exercise Price immediately prior to the adjustmentcurrent Conversion Price. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the market price Current Market Price per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 1 contract
Samples: Deferral Loan and Lease Modification Agreement (Praegitzer Industries Inc)
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the market price current Market Price per share on the date the Company fixes the offering price of such additional shares, the each Exercise Price shall be adjusted in accordance with the formula: P -- E' = E x O + ( P) M ----- A where: E' = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares of Common Stock outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the market price current Market Price per share of Common Stock on the date of issuance the Company fixes the offering price of such additional shares. A = the number of shares of Common Stock outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 1 contract
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the market price Current Market Price per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: E' = P O+ --- M E'= E x O + ( P) M -------- A where: E' = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the market price Current Market Price per share of Common Stock on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment pursuant to this Section 8(d) shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 1 contract
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the market price Fair Value per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: P - E' = E x O + ( P) M ----------- A where: E' = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the market price Fair Value per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 1 contract
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the market price Current Market Value per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: E' O + P --- E = E x O + ( P) M -------- A where: E' E = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares of Common Stock outstanding immediately prior to the issuance of such additional sharesshares of Common Stock. P = the aggregate consideration received for the issuance of such additional sharesshares of Common Stock. M = the market price Current Market Value per share of Common Stock on the date of issuance of such additional shares. A = the number of shares of Common Stock outstanding immediately after the issuance of such additional sharesshares of Common Stock. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (df) does not apply to:
Appears in 1 contract
Samples: Warrant Agreement (Wyle Electronics)
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the market price Fair Value per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: P E' = E x O + ( P) M A ------------------- where: E' = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the market price Fair Value per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 1 contract
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the current market price per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: P - E' = E x O + ( P) M ------ A where: E' = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the current market price per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 1 contract
Samples: Warrant Agreement (Cbre Holding Inc)
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the current market price per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: P - E' = E x O + ( P) M --------- A where: E' = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the current market price per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 1 contract
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the market price Fair Value per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: O + P -- M E' = E x O + ( P) x------ M A where: E' = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the market price Fair Value per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 1 contract
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the market price Fair Value per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: E' = E x O + ( P) P - E'= Ex M ----- A where: E' = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the market price Fair Value per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 1 contract
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the market price Market Price per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: E' = E x [(O + ( P(P / M)) M A / A] where: E' = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the market price Market Price per share of Common Stock on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment pursuant to this Section 9(d) shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 1 contract
Samples: Mikohn Gaming Corp
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the current market price per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: P - E' = E x O + ( P) M ----------- A where: E' = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the current market price per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 1 contract
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the market price Fair Value per share on the date the Company fixes receives the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: P --- E' = E x O + ( P) M ---------- A where: E' = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the market price Fair Value per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 1 contract
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the market price Fair Value per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: O + P --- M E' = E x O + ( P) M ------ A where: E' = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the market price Fair Value per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 1 contract
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the market price Fair Value per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: P ----- E' = E x O + ( P) M --------------- A where: E' = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the market price Fair Value per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 1 contract
Samples: Warrant Agreement (Osullivan Industries Holdings Inc)
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the market price Fair Value per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: P --- E' = E x O + ( P) M ------------ A where: E' = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the market price Fair Value per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 1 contract
Samples: Warrant Agreement (Charles River Laboratories Holdings Inc)
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the market price Exercise Price per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: P E' ’ = E x O + ( P) M A where: E' ’ = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the current market price per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 1 contract
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the current market price per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the following formula: P -- E' = E x O 0 + ( P) M ----- A where: E' = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the current market price per share on the date of issuance the Company fixes the offering price of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 1 contract
Samples: Hughes Electronics Corp
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the market price Fair Value per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: P --- E' = E x X O + ( P) M ----------- A where: E' = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the market price Fair Value per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 1 contract
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the current market price per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: P _ E' = E x O + ( P) M ______ A where: E' = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the current market price per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 1 contract
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the current market price per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: P - E' = E x O + ( P) M ----- A where: E' = the adjusted Exercise Price. E = the then current Exercise Price immediately prior to the adjustmentPrice. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the current market price per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Appears in 1 contract