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 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 (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 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 case 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) which such holder would hold on the date of such exercise if on the date hereof he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and 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: Common Stock Purchase Warrant (Media Logic Inc), Common Stock Purchase Warrant (Media Logic Inc)

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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) in their capacity as such shall have received, or (on or after the record date fixed for the determination of 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 (b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the CompanyCorporation), 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 (split, adjustments in respect of which are provided for in Section 5)5.3, then and in each such case the holder of this WarrantHolder, 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) which such holder Holder would hold on the date of such exercise if on the date hereof he it had been the holder of record of the maximum number of shares of Common Stock called for on Warrant Shares issuable upon the face exercise of this Warrant and 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: Warrant Agreement (Datametrics Corp), Series B Preferred Stock and Warrant Purchase Agreement (Datametrics Corp)

Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. In case at any time or from time to time, 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 shareholders 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 (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 (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 case the holder Holder of this Warrant, on upon the exercise hereof as provided in Section 13, 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) which such holder Holder would hold on the date of such exercise if on the date hereof he Original Issue Date such Holder had been the holder Holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the date hereof 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 35) receivable by him 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. 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 shareholders 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 (b) dividend or any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or (c) 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-stock split (adjustments in respect of which are provided for in Section 5), then and in each such case event, 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) which such holder that the Holder would hold have been entitled to receive on the effective date of such exercise event if on the date hereof he Holder had been the holder of record of the number of shares of Common Stock called for on the face of so exercised this Warrant and 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 periodimmediately 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)

Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. 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 shareholders 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 (b) dividend or any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or (c) 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-stock split (adjustments in respect of which are provided for in Section 5), then and in each such case event, 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) which such holder that the Holder would hold have been entitled to receive on the effective date of such exercise event if on the date hereof he Holder had been the holder of record of the number of shares of Common Stock called for on the face of so exercised this Warrant and 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 periodimmediately 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. ReclassificationRECLASSIFICATION, etcETC. In case at any time or from time to time, 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 shareholders 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 (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 (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 case case, the holder of this Warrant, on upon the exercise hereof as provided in Section 13, 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) 5 which such holder would hold on the date of such exercise if on the date hereof he Original Issue Date it had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the date hereof 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 35) receivable by him 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, all the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of shareholders 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 (b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company)cash, 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-split (adjustments in respect of which are provided for in Section 56), then and in each such case the holder of this WarrantHolder, on the exercise hereof as provided in Section 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 (b) and (c) of this Section 3cash) which such holder the Holder would hold on the date of such exercise if on the date hereof he thereof the Holder had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the date hereof thereof to and including the date of such exercise, retained such shares and all such other or additional stock stock, rights, warrants and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3cash) receivable by him 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. Reclassification, etc. 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 shareholders stockholders eligible COMMON STOCK PURCHASE WARRANT NO. 1 - Page 14 (AutoBond Acceptance Corporation) 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 (b) dividend or any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or (c) 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-stock split (adjustments in respect of which are provided for in Section 5), then and in each such case event, 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 that the cases referred Holder would have been entitled to in subdivisions (b) and (c) of this Section 3) which such holder would hold receive on the effective date of such exercise event if on the date hereof he Holder had been the holder of record of the number of shares of Common Stock called for on the face of so exercised this Warrant and 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 periodimmediately 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)

Adjustment for Dividends in Other Stock, Property, etc. ReclassificationRECLASSIFICATION, etcETC. In case at any time or from time to time, 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 shareholders stockholders eligible to receive) shall have become entitled to receive, receive without payment therefor, (a1) other or additional stock or other securities or property (other than cash) by way of dividend, or (b2) 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 (c3) 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 case the holder record owner of this Warrant, on upon the exercise hereof as provided in Section 1section 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) which such holder record owner would hold on the date of such exercise if on the date hereof Original Issue Date he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the date hereof Original Issue Date to and including the date of such exercise, retained such shares and all such other additional (or additional less) stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3section 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. Reclassification, etc. In case at any time or from time to 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 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 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), then and in each such case 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) which such holder would hold on the date of such exercise if on the date hereof he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and 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. 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 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 (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 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 case 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) which such holder would hold on the date of such exercise if on the date hereof he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and 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 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, all the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of shareholders 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 (b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company)cash, 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-split (adjustments in respect of which are provided for in Section 56), then and in each such case the holder of this WarrantHolder, on the exercise hereof as provided in Section 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 (b) and (c) of this Section 3cash) which such holder the Holder would hold on the date of such exercise if on the date hereof he thereof the Holder had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the date hereof thereof to and including the date of such exercise, retained such shares and all such other or additional stock stock, rights, warrants and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3cash) receivable by him 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. Reclassification, etc. . (a) In case at any time or from time to time, 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 shareholders stockholders eligible to receive) shall have become entitled to receive, without payment therefor, (ai) other or additional stock or other securities or property (other than cash) by way of dividend, or (bii) 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 (ciii) 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 case the holder Holder of this Warrant, on upon the exercise hereof as provided in Section 13, 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)) which such holder Holder would hold on the date of such exercise if on the date hereof he Original Issue Date such Holder had been the holder Holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the date hereof Original 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 (bii) 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.and

Appears in 1 contract

Samples: Subscription Agreement (Merrimac Industries Inc)

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Adjustment for Dividends in Other Stock, Property, etc. ReclassificationRECLASSIFICATION, etcETC. In case at any time time, or from time to timetime 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 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 (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 (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 case the holder of this WarrantHolder, on the upon any exercise hereof as provided in Section 1hereof, 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) which such holder Holder would hold have been entitled to receive on the date of such exercise if on the date hereof he Issue Date such Holder had been the holder of record of the number of shares of Common Stock called for purchased on the face date of this Warrant such exercise and had thereafter, during the period from the date hereof 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 Section 3, but not including interest thereon) receivable by him such 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 (International Electronics Inc)

Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. In case at any time or from time to timetime 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 shareholders 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 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 corporation 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 56), then and in each such case the holder of this WarrantHolder, on the exercise or conversion 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) which such holder the Holder would hold on the date of such exercise or conversion if on the date hereof he such Holder had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and 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.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 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 shareholders 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 (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 (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 case case, the holder of this Warrant, on upon the exercise hereof as provided in Section 13, 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) 5 which such holder would hold on the date of such exercise if on the date hereof Original Issue Date he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the date hereof 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 35) 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. 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 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 (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-split (adjustments in respect of which are provided for in Section 5subsection 5.3), then and in each such case the holder of this Warrant, on the exercise hereof as provided in Section 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) which such holder would hold on the date of such exercise if on the date hereof he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and 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 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, 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 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 (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 arrangement, other than additional shares of Series B Stock, Common Stock (or Other Securities) 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 case the holder of this WarrantHolder, 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) which such holder the Holder would hold on the date of such exercise if on the date hereof he the Holder had been the holder of record of the number of shares of Common Series B Stock called for on the face of this Warrant and 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 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. Reclassification, etc. In case If 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 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 (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-split (adjustments in respect of which are provided for in Section 5), then and in each such case the holder of this WarrantHolder, 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 clauses (b) and (c) of this Section 3) which such holder would hold on the date of such exercise if on the date hereof he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and 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 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. 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 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 (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-split (adjustments in respect of which are provided for in Section 5)stock split, then and in each such case the holder of this Warrant, on the exercise hereof as provided in Section 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) which such holder would hold on the date of such exercise if on the date hereof he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and 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 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)

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 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 (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-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-stock split (adjustments in respect of which are provided for in Section 5), then and in each such case 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) which that such holder would hold on the date of such exercise if on the date hereof he it had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and 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 5such.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Silverado Foods Inc)

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