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 Warrant Price shall be adjusted in accordance with the formula: P - W' = W x O + M ------ A Where: W' = the adjusted Warrant Price W = the then current Warrant 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 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 after such issuance. This subsection (d) does not apply to: (1) any of the transactions described in subsections (b) and (c) of this Section 7.1 or (2) Common Stock issued in a bona fide public offering pursuant to a firm commitment underwriting or (3) Shares of Common Stock issued pursuant to existing options or the exchange of convertible securities on the date hereof.
Appears in 4 contracts
Samples: Warrant Agreement (Talton Invision Inc), Warrant Agreement (Talton Invision Inc), Warrant Agreement (Talton Invision Inc)
Adjustment for Common Stock Issue. If the Company issues shares of --------------------------------- 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 Warrant Price shall be adjusted in accordance with the formula: P - W' = W x O + M ------ A Where: W' = the adjusted Warrant Price W = the then current Warrant 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 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 after such issuance. This subsection (d) does not apply to:
(1) any of the transactions described in subsections (b) and (c) of this Section 7.1 or
(2) Common Stock issued in a bona fide public offering pursuant to a firm commitment underwriting or
(3) Shares of Common Stock issued pursuant to existing options or the exchange of convertible securities on the date hereof.
Appears in 4 contracts
Samples: Warrant Agreement (Talton Invision Inc), Warrant Agreement (Talton Invision Inc), Warrant Agreement (Talton Invision Inc)
Adjustment for Common Stock Issue. If the Company issues shares of --------------------------------- 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 Warrant Price shall be adjusted in accordance with the formula: P - W' = W x O + M ------ ----- A Where: W' = the adjusted Warrant Price W = the then current Warrant 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 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 after such issuance. This subsection (d) does not apply to:
(1) any of the transactions described in subsections (b) and (c) of this Section 7.1 or
(2) Common Stock issued in a bona fide public offering pursuant to a firm commitment underwriting or
(3) Shares of Common Stock issued pursuant to existing options or the exchange of convertible securities on the date hereof.
Appears in 3 contracts
Samples: Warrant Agreement (Talton Invision Inc), Warrant Agreement (Talton Invision Inc), Warrant Agreement (Talton Invision 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 Warrant Price shall be adjusted in accordance with the formula: P - W' = W x O + M ------ A Where: W' = the adjusted Warrant Price W = the then current Warrant 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 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 after such issuance. This subsection (d) does not apply to:
(1) any of the transactions described in subsections (b) and (c) of this Section 7.1 or
(2) Common Stock issued in a bona fide public offering pursuant to a firm commitment underwriting or
(3) Shares of Common Stock issued pursuant to existing options or the exchange of convertible securities on the date hereof.
Appears in 2 contracts
Samples: Warrant Agreement (Talton Invision Inc), Warrant Agreement (Talton Invision 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 Warrant Price shall be adjusted in accordance with the formula: P - W' = W x --------- O + M ------ --------- A Where: W' = the adjusted Warrant Price W = the then current Warrant 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 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 after such issuance. This subsection (d) does not apply to:
(1) any of the transactions described in subsections (b) and (c) of this Section 7.1 or
(2) Common Stock issued in a bona fide public offering pursuant to a firm commitment underwriting or
(3) Shares of Common Stock issued pursuant to existing options or the exchange of convertible securities on the date hereof.
Appears in 1 contract
Samples: Warrant Agreement (Evercom 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 Warrant Price shall be adjusted in accordance with the formula: P - ------------------ W' = W x O + M ------ ------------------ A Where: W' = the adjusted Warrant Price W = the then current Warrant 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 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 after such issuance. This subsection (d) does not apply to:
(1) any of the transactions described in subsections (b) and (c) of this Section 7.1 or
(2) Common Stock issued in a bona fide public offering pursuant to a firm commitment underwriting or
(3) Shares of Common Stock issued pursuant to existing options or the exchange of convertible securities on the date hereof.
Appears in 1 contract
Samples: Warrant Agreement (Evercom Inc)