Common use of Adjustment for Dividends or Distributions of Stock or Other Securities or Property Clause in Contracts

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to the Common Stock (or any shares of stock or other securities at the time issuable upon exercise of the Warrant) payable in (a) securities of the Company (including debt instruments) or (b) assets (excluding cash dividends paid or payable solely out of retained earnings), then, in each such case, the Holder of this Warrant on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, shall receive, in addition to the shares of Common Stock (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefor, the securities or such other assets of the Company to which such Holder would have been entitled upon such date if such Holder had exercised this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and all such additional securities or other assets distributed with respect to such shares as aforesaid during such period giving effect to all adjustments called for by this SECTION 4.

Appears in 14 contracts

Samples: Warrant Agreement (Brilliant Digital Entertainment Inc), Note and Warrant Purchase Agreement (National Coal Corp), Warrant Agreement (Brilliant Digital Entertainment Inc)

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Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to the Common Stock (or any shares of stock or other securities at the time issuable upon exercise of the Warrant) payable in (a) securities of the Company (including debt instruments) or (b) assets (excluding cash dividends paid or payable solely out of retained earnings), then, in each such case, the Holder of this Warrant on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, shall receive, in addition to the shares of Common Stock (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefor, the securities or such other assets of the Company to which such Holder would have been entitled upon such date if such Holder had exercised this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and all such additional securities or other assets distributed with respect to such shares as aforesaid during such period giving effect to all adjustments called for by this SECTION Section 4.

Appears in 9 contracts

Samples: Warrant Agreement (Brilliant Digital Entertainment Inc), Warrant Agreement (Brilliant Digital Entertainment Inc), Warrant Agreement (Brilliant Digital Entertainment Inc)

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to the Common Stock (or any shares of stock or other securities at the time issuable upon exercise of the Warrant) payable in (a) securities of the Company (including debt instruments) or (b) assets (excluding cash dividends paid or payable solely out of retained earnings), then, in each such case, the Holder of this Warrant on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, shall receive, in addition to the shares of Common Stock (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefor, the securities or such other assets of the Company to which such Holder would have been entitled upon such date if such Holder had exercised this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and and/or all such other additional securities or other assets distributed with respect to such shares stock available by it as aforesaid during such period giving effect to all adjustments called for by this SECTION Section 4.

Appears in 8 contracts

Samples: Warrant Agreement (Las Vegas Railway Express, Inc.), Warrant Agreement (Originoil Inc), Warrant Agreement (Broadvision Inc)

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to the Common Stock (or any shares of stock or other securities at the time issuable upon exercise of the Warrant) payable in (a) securities of the Company (including debt instruments) or (b) assets (excluding cash dividends paid or payable solely out of retained earningsdividends), then, in each such case, the Holder of this Warrant on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, shall receive, in addition to the shares of Common Stock (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefor, the securities or such other assets of the Company to which such Holder would have been entitled upon such date if such Holder had exercised this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and all such additional securities or other assets distributed with respect to such shares as aforesaid during such period giving effect to all adjustments called for by this SECTION Section 4.

Appears in 8 contracts

Samples: Warrant Agreement (China Century Dragon Media, Inc.), Warrant Agreement (China Intelligent Lighting & Electronics, Inc.), Warrant Agreement (China Shenghuo Pharmaceutical Holdings Inc)

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to the Common Stock Warrant Shares (or any shares of stock or other securities at the time issuable upon exercise of the Warrant) payable in (ai) securities of the Company (including debt instrumentsother than as provided for in Section 7.1(a) or (b) above) or any other entity or (ii) assets (excluding cash dividends paid or payable solely out of retained earnings), then, in each such case, the Holder upon exercise of this Warrant on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, the Holder shall receive, in addition to the shares of Common Stock Warrant Shares (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefor, the securities or such other assets of the Company to which such Holder would have been entitled upon such date if such Holder had exercised this Warrant on the date hereof Initial Exercise Date and had thereafter, during the period from the date hereof Initial Exercise Date to and including the date of such exercise, retained such shares and and/or all such other additional stock or securities or other assets distributed with respect to such shares available by it as aforesaid during such period giving effect to all adjustments called for by this SECTION 4Section 7.

Appears in 6 contracts

Samples: Warrant Agreement (Aequitas Capital Management Inc.), Warrant Agreement (Aequitas Capital Management Inc.), Warrant Agreement (Aequitas Capital Management Inc.)

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company Corporation shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to the Common Warrant Stock (or any shares of stock or other securities at the time issuable upon exercise of the Warrant) payable in (ai) securities of the Company Corporation (including debt instrumentsother than as provided for in Section 11.1(a) or (b) above) or any other entity or (ii) assets (excluding cash dividends paid or payable solely out of retained earnings), then, in each such case, the Holder upon exercise of this Warrant on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, the Holder shall receive, in addition to the shares of Common Warrant Stock (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefor, the securities or such other assets of the Company Corporation to which such Holder would have been entitled upon such date if such Holder had exercised this Warrant on the date hereof Initial Exercise Date and had thereafter, during the period from the date hereof Initial Exercise Date to and including the date of such exercise, retained such shares and and/or all such other additional stock or securities or other assets distributed with respect to such shares available by it as aforesaid during such period giving effect to all adjustments called for by this SECTION 4Section 11.

Appears in 4 contracts

Samples: Warrant Agreement (Bioject Medical Technologies Inc), Warrant Agreement (Bioject Medical Technologies Inc), Warrant Agreement (Bioject Medical Technologies Inc)

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to the Common Stock (or any shares of stock or other securities at the time issuable upon exercise of the this Warrant) payable in (a) securities of the Company (including debt instruments) or (b) assets (excluding cash dividends paid or payable solely out of retained earningsdividends), then, in each such case, the Holder on exercise of this Warrant on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, shall receive, in addition to the shares of Common Stock (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefor, the securities or such other assets of the Company to which such the Holder would have been entitled upon such date if such the Holder had exercised this Warrant on the date hereof and had thereafter, during the period from the date hereof Effective Date to and including the date of such exercise, retained such shares and all such additional securities or other assets distributed with respect to such shares as aforesaid during such period giving effect to all adjustments called for by this SECTION Section 4.

Appears in 4 contracts

Samples: Warrant to Purchase Common Stock (Arista Power, Inc.), Warrant to Purchase Common Stock (Arista Power, Inc.), Warrant to Purchase Common Stock (WindTamer Corp)

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to the Common Stock (all or any portion of the outstanding shares of stock or other securities at the time issuable upon exercise of the Warrant) Underlying Stock payable in (a) securities of the Company (including debt instruments) or (b) assets (excluding cash dividends paid or payable solely out of retained earnings), then, in each such case, the Registered Holder of this Warrant on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, shall receive, in addition to the shares of Common Warrant Stock (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefor, the securities or such other assets of the Company to which such the Registered Holder would have been entitled upon such date if such the Registered Holder had exercised this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and and/or all such other additional securities or other assets distributed with respect to such shares stock available by it as aforesaid during such period giving effect to all adjustments called for by this SECTION 4Section 2.

Appears in 3 contracts

Samples: Warrant Agreement (Aspen Aerogels Inc), Warrant Agreement (Aspen Aerogels Inc), Warrant Agreement (Aspen Aerogels Inc)

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to all or any portion of the outstanding shares of the Common Stock (or any shares of stock or other securities at the time issuable upon exercise of the Warrant) payable in (a) securities of the Company (including debt instruments) or (b) assets (excluding cash dividends paid or payable solely out of retained earnings), then, in each such case, the Registered Holder of this Warrant on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, shall receive, in addition to the shares of Common Warrant Stock (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefor, the securities or such other assets of the Company to which such the Registered Holder would have been entitled upon such date if such the Registered Holder had exercised this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and and/or all such other additional securities or other assets distributed with respect to such shares stock available by it as aforesaid during such period giving effect to all adjustments called for by this SECTION 4Section 2.

Appears in 3 contracts

Samples: Warrant Agreement (CareView Communications Inc), Warrant Agreement (CareView Communications Inc), Warrant Agreement (CareView Communications Inc)

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case If the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to the Common Stock (or any shares of stock or other securities at the time issuable upon exercise of the Warrant) payable in (a) securities of the Company (including debt instruments) or (b) assets (excluding cash dividends paid or payable solely out of retained earnings), then, in each such case, the Holder of this Warrant on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, shall receive, in addition to the shares of Common Stock (or such other stock or securities) issuable on such exercise prior to such dateexercise, and without the payment of additional consideration therefor, the securities or such other assets of the Company to which such Holder would have been entitled upon such date if such Holder had exercised this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and and/or all such other additional securities or other assets distributed with respect to such shares stock available by it as aforesaid during such period giving effect to all adjustments called for by this SECTION Section 4.

Appears in 3 contracts

Samples: Warrant Agreement (Cyberkinetics Neurotechnology Systems, Inc.), Common Stock Purchase Warrant (Cyberkinetics Neurotechnology Systems, Inc.), Common Stock Purchase Warrant (Cyberkinetics Neurotechnology Systems, Inc.)

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to the Common Stock Warrant Shares (or any shares of stock or other securities at the time issuable upon exercise of the Warrant) payable in (ai) securities of the Company (including debt instrumentsother than as provided for in Section 7.1(a) or (b) above) or any other entity or (ii) assets (excluding cash dividends paid or payable solely out of retained earnings), then, in each such case, the Holder upon exercise of this Warrant on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, the Holder shall receive, in addition to the shares of Common Stock Warrant Shares (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefor, the securities or such other assets of the Company to which such Holder would have been entitled upon such date if such Holder had exercised this Warrant on the date hereof Initial Exercise Date and had thereafter, during the period from the date hereof Initial Exercise Date to and including the date of such exercise, retained such shares and and/or all such other additional stock or securities or other assets distributed with respect available to such shares it as aforesaid during such period giving effect to all adjustments called for by this SECTION 4Section 7.

Appears in 3 contracts

Samples: Warrant Agreement (Microfield Group Inc), Warrant Agreement (Microfield Group Inc), Warrant Agreement (Microfield Group Inc)

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to the Common Stock (or any shares of stock or other securities at the time issuable upon exercise of the Warrant) payable in (a) securities of the Company (including debt instruments) or (b) assets (excluding cash dividends paid or payable solely out of retained earnings), then, in each such case, the Holder of this Warrant on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, shall receive, in addition to the shares of Common Stock (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefor, the securities or such other assets of the Company to which such Holder would have been entitled upon such date if such Holder had exercised this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and all such additional securities or other assets distributed with respect to such shares as aforesaid during such period giving effect to all adjustments called for by this SECTION Section 4.

Appears in 3 contracts

Samples: Lead Broker Engagement Agreement (Motos America, Inc.), Collaboration Agreement (Lixte Biotechnology Holdings, Inc.), Senior Secured Credit Agreement (Adflex Solutions Inc)

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company shall will make or issue, or shall will fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to the Common Stock (or any shares of stock or other securities at the time issuable upon exercise of the Warrant) payable in in: (ai) securities of the Company (including debt instrumentsother than a stock dividend for which adjustment is made pursuant to SECTION 3.1) or (bii) assets (excluding cash dividends paid or payable solely out of retained earnings), then, in each such case, the Holder of this Warrant Warrantholder on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, shall will receive, in addition to the shares of Common Stock (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefor, the securities or such other assets of the Company to which such Holder Warrantholder would have been entitled upon such date if such Holder Warrantholder had exercised this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and and/or all such other additional securities or other assets distributed with respect to such shares stock available by it as aforesaid during such period giving effect to all adjustments called for by this SECTION 43.

Appears in 2 contracts

Samples: Warrant Agreement (Seracare Inc), Warrant Agreement (Seracare Life Sciences Inc)

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to all or any portion of the outstanding shares of the Common Stock (or any shares of stock or other securities at the time issuable upon exercise of the Warrant) payable in (a) securities of the Company (including debt instruments) or (b) assets (excluding cash dividends paid or payable solely out of retained earnings), then, in each such case, the Registered Holder of this Warrant on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, shall receive, in addition to the shares of Common Warrant Stock (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefor, the securities or such other assets of the Company to which such the Registered Holder would have been entitled upon such date if such the Registered Holder had exercised this Warrant on the date hereof thereof and had thereafter, during the period from the date hereof thereof to and including the date of such exercise, retained such shares and and/or all such other additional securities or other assets distributed with respect to such shares stock available by it as aforesaid during such period giving effect to all adjustments called for by this SECTION 4Section 2.

Appears in 2 contracts

Samples: Warrant Agreement (CareView Communications Inc), Warrant Agreement (CareView Communications Inc)

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to the Common Stock (or any shares of stock or other securities at the time issuable upon exercise of the WarrantAdditional Investment Right) payable in (a) evidences of indebtedness or other securities of the Company (including debt instruments) or Company, (b) assets rights or warrants to subscribe for or purchase any security, or (excluding cash dividends paid or payable solely out of retained earnings)c) any other asset, then, in each such case, the Holder of this Warrant Additional Investment Right on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, shall receive, in addition to the shares of Common Stock (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefor, the securities or such other assets of the Company to which such Holder would have been entitled upon such date if such Holder had exercised this Warrant Additional Investment Right on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and and/or all such other additional securities or other assets distributed with respect to such shares stock available by it as aforesaid during such period giving effect to all adjustments called for by this SECTION 4Section 5.

Appears in 2 contracts

Samples: Additional Investment Right (Avanex Corp), Additional Investment Right (Avanex Corp)

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to the Common Stock (or any shares of stock or other securities at the time issuable upon exercise of the Warrant) payable in (a) securities of the Company (including debt instruments) or (b) assets (excluding cash dividends paid or payable solely out of retained earnings), then, in each such case, the Holder of this Warrant on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, shall receive, in addition to the shares of Common Stock (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefortherefore, the securities or such other assets of the Company to which such Holder would have been entitled upon such date if such Holder had exercised this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and all such additional securities or other assets distributed with respect to such shares as aforesaid during such period giving effect to all adjustments called for by this SECTION Section 4.

Appears in 2 contracts

Samples: Debenture and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc), Warrant Agreement (Brilliant Digital Entertainment Inc)

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Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company shall will make or issue, or shall will fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to the Common Stock (or any shares of stock or other securities at the time issuable upon exercise of the Warrant) payable in in: (ai) securities of the Company (including debt instrumentsother than a stock dividend for which adjustment is made pursuant to Section 3.1) or (bii) assets (excluding cash dividends paid or payable solely out of retained earnings), then, in each such case, the Holder of this Warrant Warrantholder on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, shall will receive, in addition to the shares of Common Stock (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefortherefore, the securities or such other assets of the Company to which such Holder Warrantholder would have been entitled upon such date if such Holder Warrantholder had exercised this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and and/or all such other additional securities or other assets distributed with respect to such shares stock available by it as aforesaid during such period giving effect to all adjustments called for by this SECTION 4Section 3.

Appears in 1 contract

Samples: Stock Purchase Agreement (Genelink Inc)

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to the Common Stock (or any shares of stock or other securities at the time issuable upon exercise of the WarrantOption) payable in (a) securities of the Company (including debt instruments) or (b) assets (excluding cash dividends paid or payable solely out of retained earnings), then, in each such case, the Holder of this Warrant Optionee on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, shall receive, in addition to the shares Shares of Common Stock (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefor, the securities or such other assets of the Company to which such Holder Optionee would have been entitled upon such date if such Holder Optionee had exercised this Warrant Option on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and all such additional securities or other assets distributed with respect to such shares as aforesaid during such period giving effect to all adjustments called for by this SECTION 47.

Appears in 1 contract

Samples: Deferred Compensation Relinquishment Opportunity Agreement (Brilliant Digital Entertainment Inc)

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to the Common Stock (or any shares of stock or other securities at the time issuable upon exercise of the Warrant) payable in (a) securities of the Company (including debt instruments) or (b) assets (excluding cash dividends paid or payable solely out of retained earnings), then, in each such case, the Holder of this Warrant on exercise hereof hereof, at any time after the consummation, effective date or record date of such dividend or other distribution, shall receive, in addition to the shares of Common Stock (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefor, the securities or such other assets of the Company to which such Holder would have been entitled upon such date date, if such Holder had exercised this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and and/or all such other additional securities or other assets distributed with respect to such shares stock available by it as aforesaid during such period period, giving effect to all adjustments called for by this SECTION 4Section 4.2.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Whittman Hart Inc)

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to the all shares of Common Stock (or any shares of stock or other securities at the time issuable upon exercise of the Warrant) other than in the ordinary course of business payable in (a) securities of the Company (including debt instruments) or (b) assets (excluding cash dividends paid other than (i) a distribution to which the provisions of Section 3.2 apply or payable solely out (ii) a stock dividend subject to the provisions of retained earningsSection 3.3 above), then, in each such case, the Holder Holder, on exercise of this Warrant on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, shall receive, in addition to the shares of Common Stock Warrant Shares (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefor, the securities or such other assets of the Company to which such Holder would have been entitled upon such date if such Holder had exercised this Warrant on the date hereof immediately prior to the date thereof and had thereafter, during the period from the date hereof thereof to and including the date of such exercise, retained such shares and and/or all such other additional securities or other assets distributed with respect to such shares stock available by it as aforesaid during such period giving effect to all adjustments called for by this SECTION 4Section 3.

Appears in 1 contract

Samples: Warrant Agreement (Ticketmaster Online Citysearch Inc)

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to the all shares of Common Stock (or any shares of stock or other securities at the time issuable upon exercise of the Warrant) other than in the ordinary course of business payable in (a) securities of the Company (including debt instruments) or (b) assets (excluding cash dividends paid other than (i) a distribution to which the provisions of Section 3.3 apply or payable solely out (ii) a stock dividend subject to the provisions of retained earningsSection 3.4 above), then, in each such case, the Holder Holder, on exercise of this Warrant on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, shall receive, in addition to the shares of Common Stock Warrant Shares (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefor, the securities or such other assets of the Company to which such Holder would have been entitled upon such date if such Holder had exercised this Warrant on the date hereof immediately prior to the date thereof and had thereafter, during the period from the date hereof thereof to and including the date of such exercise, retained such shares and and/or all such other additional securities or other assets distributed with respect to such shares stock available by it as aforesaid during such period giving effect to all adjustments called for by this SECTION 4Section 3.

Appears in 1 contract

Samples: Warrant Agreement (Ticketmaster Online Citysearch Inc)

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to the Common Warrant Stock (or any shares of stock or other securities at the time issuable upon exercise of the Warrant) payable in (ai) securities of the Company (including debt instruments) or (bii) assets (excluding cash dividends paid or payable solely out of retained earnings), then, in each such case, the Holder of this Warrant on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, shall receive, in addition to the shares of Common Warrant Stock (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefor, the securities or such other assets of the Company to which such Holder would have been entitled upon such date if such Holder had exercised this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and and/or all such other additional securities or other assets distributed with respect to such shares stock available by it as aforesaid during such period giving effect to all adjustments called for by this SECTION 4Section 5.

Appears in 1 contract

Samples: Warrant Agreement (Streamline Inc)

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to the Common Stock (or any shares of stock or other securities at the time issuable upon exercise of the Warrant) payable in (a) securities of the Company (including debt instruments) ), or (b) assets (excluding cash dividends paid or payable solely out of retained earnings), then, in each such case, the Holder of this Warrant on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, shall receive, in addition to the shares of Common Stock (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefor, the securities or such other assets of the Company to which such Holder would have been entitled upon such date if such Holder had exercised this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and all such additional securities or other assets distributed with respect to such shares as aforesaid during such period giving effect to all adjustments called for by this SECTION 4.

Appears in 1 contract

Samples: Warrant Agreement (Tag It Pacific Inc)

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to the Common Stock (or any shares of stock or other securities at the time issuable upon exercise of the Warrant) payable in (a) securities of the Company (including debt instruments) or (b) assets (excluding cash dividends paid or payable solely out of retained earnings), then, in each such case, the Holder of this Warrant on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, shall receive, in addition to the shares of Common Stock (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefor, the securities or such other assets of the Company to which such Holder would have been entitled upon such date if such Holder had exercised this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and all such additional securities or other assets distributed with respect to such shares as aforesaid during such period giving effect to all adjustments called for by this SECTION 45.

Appears in 1 contract

Samples: Warrant Agreement (Brilliant Digital Entertainment Inc)

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution with respect to the Common Stock (or any shares of stock or other securities at the time issuable upon exercise of the Warrant) payable in (a) securities of the Company (including debt instruments) or (b) assets (excluding cash dividends paid or payable solely out of retained earnings), then, in each such case, the Holder on exercise of this Warrant on exercise hereof at any time after the consummation, effective date or record date of such dividend or other distribution, shall receive, in addition to the shares of Common Stock (or such other stock or securities) issuable on such exercise prior to such date, and without the payment of additional consideration therefor, the securities or such other assets of the Company to which such Holder would have been entitled upon such date if such Holder had exercised this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and and/or all such other additional securities or other assets distributed with respect to such shares stock available by it as aforesaid during such period giving effect to all adjustments called for by this SECTION Section 4.

Appears in 1 contract

Samples: Collaboration Agreement (Neah Power Systems, Inc.)

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