Common use of Adjustment for Dividends in Other Stock, Property, etc Clause in Contracts

Adjustment for Dividends in Other Stock, Property, etc. RECLASSIFICATION, ETC. In case at any time or from time to time the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders eligible to receive) shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) by way of dividend or any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or other or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock split (adjustments in respect of which are provided for in Section 5), then and in each such event, the Holder of this Warrant, on the exercise hereof as provided in Section 1 shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) that the Holder would have been entitled to receive on the effective date of such event if the Holder had so exercised this Warrant immediately prior thereto, giving effect to all adjustments called for during such period by Sections 4 and 5.

Appears in 2 contracts

Samples: Common Stock Purchase Warrant (Visual Edge Systems Inc), Common Stock Purchase Warrant (Visual Edge Systems Inc)

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Adjustment for Dividends in Other Stock, Property, etc. RECLASSIFICATIONReclassification, ETCetc. In case at any time or from time to time time, the holders of Common Stock (or Other Securities) in their capacity as such shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor, , (a) other or additional stock or other securities or property (other than cash) by way of dividend or dividend, or (b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the CompanyCorporation), or or (c) other or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement rearrangement, other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock split (stock-split, adjustments in respect of which are provided for in Section 5)5.3, then and in each such event, case the Holder of this WarrantHolder, on the exercise hereof as provided in Section 1 1, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) that the which Holder would have been entitled to receive hold on the effective date of such event exercise if on the Holder date hereof it had so exercised been the holder of record of the maximum number of Warrant Shares issuable upon the exercise of this Warrant immediately prior theretoand had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and all such other or additional stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 4 and 5.

Appears in 2 contracts

Samples: Series B Preferred Stock and Warrant Purchase Agreement (Datametrics Corp), Warrant Agreement (Datametrics Corp)

Adjustment for Dividends in Other Stock, Property, etc. RECLASSIFICATIONReclassification, ETCetc. In case at any time or from time to time after the Original Issue Date the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders eligible to receive) shall have become entitled to receive, without payment therefor, : (a) other or additional stock or other securities or property (other than cash) by way of dividend or dividend, or (b) any cash paid or payable (excluding cash dividends payable solely out including, without limitation, by way of earnings or earned surplus of the Companydividend), or or (c) other or additional (or less) stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock split (adjustments in respect of which are provided for in Section 5)rearrangement, then then, and in each such event, case the Holder of this Warrant, on upon the exercise hereof as provided in Section 1 3, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 35) that the which such Holder would have been entitled to receive hold on the effective date of such event exercise if on the Original Issue Date such Holder had been the Holder had so exercised of record of the number of shares of Common Stock called for on the face of this Warrant immediately prior theretoand had thereafter, during the period from the Original Issue Date to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 5) receivable by such Holder as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 4 6 and 57 hereof.

Appears in 2 contracts

Samples: Warrant Agreement (Visx Inc), Warrant Agreement (Visx Inc)

Adjustment for Dividends in Other Stock, Property, etc. RECLASSIFICATION, ETC. In case at any time or from time to time after the Original Issue Date the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders eligible to receive) shall have become entitled to receive, without payment therefor, thereof (a) other or additional stock or other securities or property (other than cash) by way of dividend or dividend, or (b) any cash paid or payable (excluding cash dividends payable solely including, without limitation, by way of dividend), except out of earnings or earned surplus of the Company), or or (c) other or additional (or less) stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock split (adjustments in respect of which are provided for in Section 5)corporation rearrangement, then then, and in each such eventcase, the Holder holder of this Warrant, on upon the exercise hereof as provided in Section 1 3, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) that the Holder 5 which such holder would have been entitled to receive hold on the effective date of such event exercise if on the Holder Original Issue Date he had so exercised been the holder of record of the number of shares of Common Stock called for on the face of this Warrant immediately prior theretoand had thereafter, during the period from the Original Issue Date to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 5) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 4 6 and 57.

Appears in 1 contract

Samples: Asset Acquisition Agreement (Advanced Radio Telecom Corp)

Adjustment for Dividends in Other Stock, Property, etc. RECLASSIFICATIONReclassification, ETCetc. In case at any time or from time to time time, the holders of Series B Stock, Common Stock (or Other Securities) Securities shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor, , (a) other or additional stock or other securities or property (other than cash) by way of dividend or dividend, or (b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or or (c) other or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement arrangement, other than additional shares of Series B Stock, Common Stock (or Other Securities) Securities issued as a stock dividend or in a stock split (adjustments in respect of which are provided for in Section 5), then and in each such event, case the Holder of this WarrantHolder, on the exercise hereof as provided in Section 1 1, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) that which the Holder would have been entitled to receive hold on the effective date of such event exercise if on the date hereof the Holder had so exercised been the holder of record of the number of shares of Series B Stock called for on the face of this Warrant immediately prior theretoand had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and all such other or additional stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) receivable by the Holder as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 4 and 5.

Appears in 1 contract

Samples: Warrant Agreement (Graphon Corp/De)

Adjustment for Dividends in Other Stock, Property, etc. RECLASSIFICATIONReclassification, ETCetc. In case at any time or from time to time time, the holders of ---------------------- Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor, , (a) other or additional stock or other securities or property (other than cash) by way of dividend or dividend, or (b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or or (c) other or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock stock-split (adjustments in respect of which are provided for in Section 5), then and in each such event, case the Holder holder of this Warrant, on the exercise hereof as provided in Section 1 1, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) that the Holder which such holder would have been entitled to receive hold on the effective date of such event exercise if on the Holder date hereof he had so exercised been the holder of record of the number of shares of Common Stock called for on the face of this Warrant immediately prior theretoand had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and all such other or additional stock and other securities and properly (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 4 and 5.

Appears in 1 contract

Samples: Warrant Agreement (Hyseq Inc)

Adjustment for Dividends in Other Stock, Property, etc. RECLASSIFICATIONReclassification, ETCetc. In case at any time or from time to time time, the holders Holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor, : (a) other or additional stock or other securities or property (other than cash) by way of dividend or dividend, or (b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or or (c) other or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement rearrangement, other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock split (adjustments in respect of which are provided for in Section 5)stock-split, then and in each such event, the case each Holder of this Warranta Convertible Debenture, on the exercise hereof conversion thereof as provided in Section 1 this Article IA, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 31A.07) that the which such Holder would have been entitled to receive hold on the effective date of such event conversion if on the date hereof he had been the Holder of record of the number of shares of Common Stock issuable upon conversion of such Convertible Debenture and had so exercised thereafter, during the period from the date hereof to and including the date of such conversion, retained such shares and all such other or additional stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Warrant immediately prior theretoSection 1A.07) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 4 and 5under this Article IA.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Kennedy Wilson Inc)

Adjustment for Dividends in Other Stock, Property, etc. RECLASSIFICATION, ETC. In case at any time or from time to time after the Original Issue Date the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders eligible to receive) shall have become entitled to receive, without payment therefor, (a) other or additional stock or other securities or property (other than cash) by way of dividend or dividend, or (b) any cash paid or payable (excluding cash dividends payable solely including, without limitation, by way of dividend), except out of earnings or earned surplus of the Company), or or (c) other or additional (or less) stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock split (adjustments in respect of which are provided for in Section 5)rearrangement, then then, and in each such eventcase, the Holder holder of this Warrant, on upon the exercise hereof as provided in Section 1 3, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) that the Holder 5 which such holder would have been entitled to receive hold on the effective date of such event exercise if on the Holder Original Issue Date it had so exercised been the holder of record of the number of shares of Common Stock called for on the face of this Warrant immediately prior theretoand had thereafter, during the period from the Original Issue Date to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 5) receivable as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 4 6 and 57 hereof.

Appears in 1 contract

Samples: Warrant Agreement (Advanced Radio Telecom Corp)

Adjustment for Dividends in Other Stock, Property, etc. RECLASSIFICATIONReclassification, ETCetc. In case at any time or from time to time time, the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor, , (a) other or additional stock or other securities or property (other than cash) by way of dividend or dividend, or (b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or or (c) other or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement rearrangement, other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock stock-split (adjustments in respect of which are provided for in Section 5subsection 5.3), then and in each such event, case the Holder holder of this Warrant, on the exercise hereof as provided in Section 1 section 1, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section section 3) that the Holder which such holder would have been entitled to receive hold on the effective date of such event exercise if on the Holder date hereof he had so exercised been the holder of record of the number of shares of Common Stock called for on the face of this Warrant immediately prior theretoand had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and all such other or additional stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this section 3) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 4 and 5sections 4, 5 or 6.

Appears in 1 contract

Samples: Series a Convertible Preferred Stock and Warrant Purchase Agreement (Medical Sterilization Inc)

Adjustment for Dividends in Other Stock, Property, etc. RECLASSIFICATION, ETC. In case at any time or from time to time time, all the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders eligible to receive) shall have become entitled to receive, without payment therefor, , (a) other or additional stock stock, rights, warrants or other securities or property (other than cash) by way of dividend or dividend, or (b) any cash cash, or (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or c) other or additional stock stock, rights, warrants or other securities or property (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement rearrangement, other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock stock-split (adjustments in respect of which are provided for in Section 56), then and in each such event, case the Holder of this WarrantHolder, on the exercise hereof as provided in Section 1 1, shall be entitled to receive the amount of stock stock, rights, warrants and other securities and property (including cash in the cases referred to in subdivisions (bcash) and (c) of this Section 3) that which the Holder would have been entitled to receive hold on the effective date of such event exercise if on the date thereof the Holder had so exercised been the holder of record of the number of shares of Common Stock called for on the face of this Warrant immediately prior theretoand had thereafter, during the period from the date thereof to and including the date of such exercise, retained such shares and all such other or additional stock, rights, warrants and other securities and property (including cash) receivable by the Holder as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 4 and 5Section 4.

Appears in 1 contract

Samples: Warrant Agreement (Valentis Inc)

Adjustment for Dividends in Other Stock, Property, etc. RECLASSIFICATIONReclassification, ETCetc. In case at any time or from time to time after the date hereof, the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders eligible to receive) shall have become entitled to receive, without payment therefor, (a) other or additional stock or other securities or property (other than cash) by way of dividend dividend, or (b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or (c) other or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement corporation rearrangement, other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock stock-split (adjustments in respect of which are provided for in Section 56), then and in each such event, case the Holder of this WarrantHolder, on the exercise or conversion hereof as provided in Section 1 1, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) that which the Holder would have been entitled to receive hold on the effective date of such event exercise or conversion if on the date hereof such Holder had so exercised this Warrant immediately prior thereto, giving effect to all adjustments called for during such period by Sections 4 and 5.been the holder

Appears in 1 contract

Samples: Stock Purchase Warrant (Inphonic Inc)

Adjustment for Dividends in Other Stock, Property, etc. RECLASSIFICATIONReclassification, ETCetc. In case at any time or from time to time time, the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor, , (a) other or additional stock or other securities or property (other than cash) by way of dividend or dividend, or (b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or or (c) other or additional stock or other securities or property (including cash) by way of spin-offspinoff, split-upsplitup, reclassification, recapitalization, combination of shares or similar corporate rearrangement rearrangement, other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock split (adjustments in respect of which are provided for in Section 5), then and in each such event, case the Holder holder of this Warrant, on the exercise hereof as provided in Section 1 1, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) that the Holder such holder would have been entitled to receive hold on the effective date of such event exercise if on the Holder date hereof it had so exercised been the holder of record of the number of shares of Common Stock called for on the face of this Warrant immediately prior theretoand had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and all such other or additional stock receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 4 and 5such.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Silverado Foods Inc)

Adjustment for Dividends in Other Stock, Property, etc. RECLASSIFICATIONReclassification, ETCetc. In case at any time or from time to time the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders eligible COMMON STOCK PURCHASE WARRANT NO. 1 - Page 14 (AutoBond Acceptance Corporation) to receive) shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) by way of dividend or any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or other or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock split (adjustments in respect of which are provided for in Section 5), then and in each such event, the Holder of this Warrant, on the exercise hereof as provided in Section 1 shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) that the Holder would have been entitled to receive on the effective date of such event if the Holder had so exercised this Warrant immediately prior thereto, giving effect to all adjustments called for during such period by Sections 4 and 5.

Appears in 1 contract

Samples: Securities Purchase Agreement (Autobond Acceptance Corp)

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Adjustment for Dividends in Other Stock, Property, etc. RECLASSIFICATION, ETC. In case at any time time, or from time to time after the Issue Date, the holders of Common Stock (or Other Securities) of the Company shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor, , (a) other or additional stock stock, or other securities or property (other than cash) by way of dividend or dividend, or (b) any cash paid or payable (excluding cash dividends payable solely including, without limitation, by way of dividend), except out of earnings or earned surplus of the Company), or or (c) other or additional (or less) stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock split (adjustments in respect of which are provided for in Section 5)rearrangement, then and in each such eventcase the Holder, the Holder of this Warrantupon any exercise hereof, on the exercise hereof as provided in Section 1 shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) that the which such Holder would have been entitled to receive on the effective date of such event exercise if on the Issue Date such Holder had so exercised been the holder of record of the shares purchased on the date of such exercise and had thereafter, during the period from the Issue Date to and including the date of such exercise, retained such shares and all such other or additional stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Warrant immediately prior theretoSection 3, giving effect to all adjustments called for but not including interest thereon) receivable by such Holder as aforesaid during such period by Sections 4 and 5period.

Appears in 1 contract

Samples: Warrant Agreement (International Electronics Inc)

Adjustment for Dividends in Other Stock, Property, etc. RECLASSIFICATIONReclassification, ETC. etc. (a) In case at any time or from time to time after the Original Issue Date the holders of Common Stock (or or, if applicable, Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders eligible to receive) shall have become entitled to receive, without payment therefor, (i) other or additional stock or other securities or property (other than cash) by way of dividend or dividend, or (ii) any cash paid or payable (excluding cash dividends payable solely out including, without limitation, by way of earnings or earned surplus of the Companydividend), or or (iii) other or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock split (adjustments in respect of which are provided for in Section 5)rearrangement, then then, and in each such event, case the Holder of this Warrant, on upon the exercise hereof as provided in Section 1 3, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (bii) and (ciii) of this Section 35(a)) that the which such Holder would have been entitled to receive hold on the effective date of such event exercise if on the Original Issue Date such Holder had been the Holder had so exercised of record of the number of shares of Common Stock called for on the face of this Warrant immediately prior theretoand had thereafter, giving effect during the period from the Original Issue Date to and including the date of such exercise, retained such shares and all adjustments called for during such period by Sections 4 other or additional stock and 5.other securities and property (including cash in the cases referred to in subdivisions (ii) and

Appears in 1 contract

Samples: Subscription Agreement (Merrimac Industries Inc)

Adjustment for Dividends in Other Stock, Property, etc. RECLASSIFICATION, ETC. In case at any time or from time to time time, all the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders eligible to receive) shall have become entitled to receive, without payment therefor, , (a) other or additional stock stock, rights, warrants or other securities or property (other than cashproperty) by way of dividend or dividend, or (b) any cash cash, or (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or c) other or additional stock stock, rights, warrants or other securities or property (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement rearrangement, other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock stock-split (adjustments in respect of which are provided for in Section 56), then and in each such event, case the Holder of this WarrantHolder, on the exercise hereof as provided in Section 1 1, shall be entitled to receive the amount of stock stock, rights, warrants and other securities and property (including cash in the cases referred to in subdivisions (bcash) and (c) of this Section 3) that which the Holder would have been entitled to receive hold on the effective date of such event exercise if on the date thereof the Holder had so exercised been the holder of record of the number of shares of Common Stock called for on the face of this Warrant immediately prior theretoand had thereafter, during the period from the date thereof to and including the date of such exercise, retained such shares and all such other or additional stock, rights, warrants and other securities and property (including cash) receivable by the Holder as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 4 and 5Section 4.

Appears in 1 contract

Samples: Warrant Agreement (Valentis Inc)

Adjustment for Dividends in Other Stock, Property, etc. RECLASSIFICATIONReclassification, ETCetc. In case at any time or from time to time time, the holders of Common Stock (or Other Securities) in their capacity as such shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor, , (a) other or additional stock or other securities or property (other than cash) by way of dividend dividend, or (b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or (c) other or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement rearrangement, other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock stock-split (adjustments in respect of which are provided for in Section 5), then and in each such event, case the Holder holder of this Warrant, on the exercise hereof as provided in Section 1 1, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) that the Holder which such holder would have been entitled to receive hold on the effective date of such event exercise if on the Holder date hereof he had so exercised been the holder of record of the number of shares of Common Stock called for on the face of this Warrant immediately prior theretoand had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and all such other or additional stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 4 and 5.

Appears in 1 contract

Samples: Credit Agreement (Wpi Group Inc)

Adjustment for Dividends in Other Stock, Property, etc. RECLASSIFICATIONReclassification, ETCetc. In case If at any time or from time to time time, the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor, , (a) other or additional stock or other securities or property (other than cash) by way of dividend or dividend, or (b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or or (c) other or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement rearrangement, other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock stock-split (adjustments in respect of which are provided for in Section 5), then and in each such event, case the Holder of this WarrantHolder, on the exercise hereof as provided in Section 1 1, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions clauses (b) and (c) of this Section 3) that the Holder which such holder would have been entitled to receive hold on the effective date of such event exercise if on the Holder date hereof he had so exercised been the holder of record of the number of shares of Common Stock called for on the face of this Warrant immediately prior theretoand had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and all such other or additional stock and other securities and property (including cash in the cases referred to in clauses (b) and (c) of this Section 3) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 4 and 5.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Oneworld Systems Inc)

Adjustment for Dividends in Other Stock, Property, etc. RECLASSIFICATIONReclassification, ETCetc. In case at any time or from time to time the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders eligible to receive) shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) by way of dividend or any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or other or additional stock or other securities or property (including cash) by way of or spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock split (adjustments in respect of which are provided for in Section 5), then and in each such event, the Holder of this Warrant, on the exercise hereof as provided in Section 1 shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) that the Holder would have been entitled to receive on the effective date of such event if the Holder had so exercised this Warrant immediately prior thereto, giving effect to all adjustments called for during such period by Sections 4 and 5.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Visual Edge Systems Inc)

Adjustment for Dividends in Other Stock, Property, etc. RECLASSIFICATION, ETC. In case at any time or from time to time after the Original Issue Date the holders of Common Stock (or Other Securities) shall have received, received or (on or after the record date fixed for the determination of stockholders eligible to receive) shall have become entitled to receive, receive without payment therefor, (1) other or additional stock or other securities or property (other than cash) by way of dividend or dividend, or (2) any cash paid or payable (excluding cash dividends including, without limitation, by way of dividend other than a dividend payable solely out of earnings or earned surplus of the Company), or or (3) other or additional (or less) stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock split (adjustments in respect of which are provided for in Section 5)rearrangement, then then, and in each such event, case the Holder record owner of this Warrant, on upon the exercise hereof as provided in Section 1 section 3, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3section 5) that the Holder which such record owner would have been entitled to receive hold on the effective date of such event exercise if on the Holder Original Issue Date he had so exercised been the holder of record of the number of shares of Common Stock called for on the face of this Warrant immediately prior theretoand had thereafter, during the period from the Original Issue Date to and including the date of such exercise, retained such shares and all such other additional (or less) stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this section 5) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 4 section 6 and 57 hereof.

Appears in 1 contract

Samples: Securities Purchase Agreement (BMP Mobility Ag Venture Capital)

Adjustment for Dividends in Other Stock, Property, etc. RECLASSIFICATIONReclassification, ETCetc. In case at any time or from time to time time, the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor, , (a) other or additional stock or other securities or property (other than cash) by way of dividend or dividend, or (b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or or (c) other or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement rearrangement, other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock split (adjustments in respect of which are provided for in Section 5)split, then and in each such event, case the Holder holder of this Warrant, on the exercise hereof as provided in Section 1 section 1, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section section 3) that the Holder which such holder would have been entitled to receive hold on the effective date of such event exercise if on the Holder date hereof he had so exercised been the holder of record of the number of shares of Common Stock called for on the face of this Warrant immediately prior theretoand had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and all such other or additional stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this section 3) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 4 and 5section 4.

Appears in 1 contract

Samples: Acquisition Agreement (Medical Sterilization Inc)

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