Common use of Adjustment for Dividends in Other Stock Clause in Contracts

Adjustment for Dividends in Other Stock. Property or Reclassification. 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 of similar corporate rearrangement, other than additional shares of Common Stock (or Other Securities) issued as s stock dividend or in a stock-split (adjustment in respect of which are provided for in Section 4 hereof), then and in each such case the holder of this Warrant, on the exercise hereof as provided in Section 1 hereof, 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 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 to and including the date of such stock and other securities and property (including cash in the cases referred to in subdivision (b) and (c) of this Section 3) receivable by such holder as aforesaid during such period, giving effect to all adjustments called for during such period by Section 4 hereof.

Appears in 3 contracts

Samples: Warrant Agreement (Galaxy Nutritional Foods Co), Warrant Agreement (Galaxy Nutritional Foods Co), Warrant Agreement (Galaxy Nutritional Foods Co)

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Adjustment for Dividends in Other Stock. Property or Property, Reclassification, etc. In case at any time or from time to time, the holders Holders of Common securities then comprising Warrant 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 of or similar corporate rearrangement, rearrangement other than additional shares of Common Warrant Stock (or Other Securities) issued as s a stock dividend or in a stock-stock split (adjustment adjustments in respect of which are provided for in Section 4 hereof5), then and in each such case the holder of this WarrantHolder, on the exercise hereof as provided in Section 1 hereof1, 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 the holder Holder had been the holder of record of the number of shares of Common Warrant 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 subdivision subdivisions (b) and (c) of this Section 3) receivable by such holder the Holder as aforesaid during such period, giving effect to all adjustments called for during such period by Section 4 hereofand 5.

Appears in 2 contracts

Samples: Common Stock Purchase Warrant (Boundless Corp), Warrant Agreement (Boundless Corp)

Adjustment for Dividends in Other Stock. or other Securities or Properties; Property or ReclassificationReclassifications. In case at any time or from time to time, time the holders of the Common Stock (or Other Securitiesany shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received, or (or, on or after the record date fixed for the determination of shareholders eligible to receive) shareholders, shall have become entitled to 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 (excluding cash dividends or other property paid or payable solely out of any source other than retained earnings or earned surplus of the Company(determined in accordance with generally accepted accounting principles), or (c3) other or additional stock or other securities or property (including cash) by way of stock-split, spin-off, split-up, reclassification, recapitalization, combination of shares of or similar corporate rearrangement, rearrangement (other than (x) additional shares of Common Stock or any other stock or securities into which such Common Stock shall have been changed, (y) any other stock or Other Securitiessecurities convertible into or exchangeable for such Common Stock or such other stock or securities or (z) any stock purchase rights, issued as s a stock dividend or in a stock-split (adjustment split, adjustments in respect of which are provided for in shall be covered by the terms of Section 4 hereof4.C, 4.D or 4.E), then and in each such case the holder of this Warrantcase, on Holder, upon the exercise hereof as provided in Section 1 hereof1, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions clauses (b2) and (c3) of this Section 3above) which such holder Holder would hold on the date of such exercise if on the date hereof the holder Original Issuance Date Holder had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant Warrant, as adjusted in accordance with the first paragraph of this Warrant, and had thereafter, during the period from the date hereof Original Issuance Date to and including the date of such exercise, retained such shares and/or all other or additional stock and other securities and property (including cash in the cases referred to in subdivision clause (b2) and (c3) of this Section 3above) receivable by such holder it as aforesaid during such period, giving effect to all adjustments called for during such period by Section 4 hereof.4.A and Section 4.B.

Appears in 2 contracts

Samples: Common Stock Purchase Warrant (Steakhouse Partners Inc), Common Stock Purchase Warrant (Steakhouse Partners Inc)

Adjustment for Dividends in Other Stock. Property or ReclassificationPROPERTY, ETC.; RECLASSIFICATION, ETC. In case at any time or and from time to timetime while this Warrant (or any Warrant issued in exchange or replacement hereof) is outstanding and unexpired, 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, (a1) 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 (c2) other or additional stock or other securities or property (including cash) by way of stock-split, spin-off, split-up, reclassification, recapitalization, combination of shares of or similar corporate rearrangement, other than additional shares of Common Stock or Convertible Securities (as defined in SECTION 12(d)) or Other Securities) issued as s stock dividend any rights or in a stock-split (adjustment options to acquire any of the foregoing, adjustments in respect of which are provided for in Section 4 hereof)hereafter, then and in each such case the holder of this WarrantHolder, on upon the exercise hereof as provided in Section 1 hereof, 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 original issue date hereof the holder 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 original issue 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 subdivision (b) and (c) of this Section 3) properties receivable by such holder him as aforesaid during such period, giving effect to all adjustments called for during such period by Section 4 hereofthis SECTION 12.

Appears in 2 contracts

Samples: Warrant Agreement (Ods Networks Inc), Warrant Agreement (Ods Networks Inc)

Adjustment for Dividends in Other Stock. Property or ReclassificationPROPERTY, 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 of or similar corporate rearrangement, other than additional shares of Common Stock (or Other Securities) issued as s stock dividend or in a stock-split (adjustment in respect of which are provided for in Section 4 hereof)then, then and in each such case the holder of this Warrant, on upon the exercise hereof as provided in Section 1 hereofsection 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 would hold on the date of such exercise if on the date hereof the holder 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 as well as the number of shares of Common Stock issuable upon exercise of the B-2 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 subdivision subdivisions (b) and (c) of this Section 3section 5) receivable by such holder him as aforesaid during such period, giving effect to all adjustments called for during such period by Section 4 sections 6 and 7 hereof.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Provo International Inc)

Adjustment for Dividends in Other Stock. Property or 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 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 of or similar corporate rearrangement, other than additional shares of Common Stock (or Other Securities) issued as s a stock dividend or in a stock-split (adjustment adjustments in respect of which are provided for in Section 4 hereof5), then and in each such case the holder of this Warrant, on the exercise hereof as provided in Section 1 hereof1, 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 the holder 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 subdivision subdivisions (b) and (c) of this Section 3) receivable by such holder him as aforesaid during such period, giving effect to all adjustments called for during such period by Section Sections 4 hereofand 5.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Lionbridge Technologies Inc /De/)

Adjustment for Dividends in Other Stock. Property or ReclassificationPROPERTY, 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 of or similar corporate rearrangement, other than additional shares of Common Stock (or Other Securities) issued as s a stock dividend or in a stock-split (adjustment adjustments in respect of which are provided for in Section 4 hereofsubsection 5.4), then and in each such case the holder of this Warrant, on the exercise hereof as provided in Section 1 hereofsection 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 the holder 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 subdivision subdivisions (b) and (c) of this Section section 3) receivable by such holder him as aforesaid during such period, giving effect to all adjustments called for during such period by Section sections 4 hereofand 5.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Candela Corp /De/)

Adjustment for Dividends in Other Stock. Property or 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 of or similar corporate rearrangement, other than additional shares of Common Stock (or Other Securities) issued as s stock dividend or in a stock-split (adjustment in respect of which are provided for in Section 4 hereof)then, then and in each such case the holder of this Warrant, on upon the exercise hereof as provided in Section 1 hereofsection 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 would hold on the date of such exercise if on the date hereof the holder 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 as well as the number of shares of Common Stock issuable upon exercise of the B-2 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 subdivision subdivisions (b) and (c) of this Section 3section 5) receivable by such holder him as aforesaid during such period, giving effect to all adjustments called for during such period by Section 4 sections 6 and 7 hereof.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Frontline Communications Corp)

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Adjustment for Dividends in Other Stock. Property or ReclassificationPROPERTY, 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 of or similar corporate rearrangement, other than additional shares of Common Stock (or Other Securities) issued as s a stock dividend or in a stock-split (adjustment adjustments in respect of which are provided for in Section 4 hereofsubsection 5.4), then and in each such case the holder of this Warrant, on the exercise hereof as provided in Section 1 hereofsection 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 the holder 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 subdivision subdivisions (b) and (c) of this Section section 3) receivable by such holder him as aforesaid during such period, giving effect to all adjustments called for during such period by Section sections 4 hereofand 5.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (World Energy Solutions, Inc.)

Adjustment for Dividends in Other Stock. Property or Property, Reclassification, etc. In case at any time or from time to time, the holders of Common securities then comprising Warrant 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 of or similar corporate rearrangement, rearrangement other than additional shares of Common Warrant Stock (or Other Securities) issued as s a stock dividend or in a stock-stock split (adjustment adjustments in respect of which are provided for in Section 4 hereof5), then and in each such case the holder of this WarrantHolder, on the exercise hereof as provided in Section 1 hereof1, 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 the holder Holder had been the holder of record of the number of shares of Common Warrant 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 subdivision subdivisions (b) and (c) of this Section 3) receivable by such holder the Holder as aforesaid during such period, giving effect to all adjustments called for during such period by Section 4 hereofand 5.

Appears in 1 contract

Samples: Warrant Agreement (Boundless Corp)

Adjustment for Dividends in Other Stock. Property or ReclassificationPROPERTY, ETC.; --------------------------------------------------------------- RECLASSIFICATION, ETC. 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 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 of or similar corporate rearrangement, other than additional shares of Common Stock (or Other Securities) issued as s a stock dividend or in a stock-split (adjustment adjustments in respect of which are provided for in Section 4 hereof5), then and in each such case the holder of this WarrantHolder, on the exercise hereof as provided in Section 1 hereof1, 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 thereof the holder 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 case referred to in subdivision subdivisions (b) and (c) of this Section 3) receivable by such holder the Holder as aforesaid during such period, giving effect to all adjustments called for during such period by Section 4 hereof4.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (American Bingo & Gaming Corp)

Adjustment for Dividends in Other Stock. Property or ReclassificationPROPERTY, ETC.; RECLASSIFICATION, ETC. 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, (a1) other or additional stock or other securities or property (other than cash) by way of dividend, or or (b2) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or or (c3) other or additional stock or other securities or property (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares of or similar corporate rearrangement, other than additional shares of Common Stock (or Other Securities) issued as s a stock dividend or in a stock-split (adjustment adjustments in respect of which are provided for in Section 4 hereof9(f)), then and in each such case the holder Buyer, upon the purchase of this Warrant, on the exercise hereof Purchasable Shares as provided in this Section 1 hereof9, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b2) and (c3) of this Section 39(d)) which such holder the Buyer would hold on the date of such exercise if on the date hereof thereof the holder Buyer had been the holder of record of the number of shares of Common Stock called for on included in the face of this Warrant Purchasable Shares 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 and other securities and property (including cash in the cases case referred to in subdivision 24. subdivisions (b2) and (c3) of this Section 39(d)) receivable by such holder the Buyer as aforesaid during such period, giving effect to all adjustments called for during such period by Section 4 hereof9(e).

Appears in 1 contract

Samples: Note Purchase Agreement (Cygnus Inc /De/)

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