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 Common Stock (or any shares of stock or other securities at the time issuable upon exercise of this Warrant) payable in (a) securities of the Company or (b) assets (excluding cash dividends), then, in each such case, the Holder on exercise of this Warrant 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 the Holder would have been entitled upon such date if the Holder had exercised this Warrant on the date hereof and had thereafter, during the period from the 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 4.

Appears in 4 contracts

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

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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 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 this Warrant) payable in (a) securities of the Company or (b) assets (excluding cash dividendsdividends paid or payable solely out of retained earnings), then, in each such case, the Registered Holder on exercise of this Warrant 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 the Registered Holder would have been entitled upon such date if the Registered Holder had exercised this Warrant on the date hereof and had thereafter, during the period from the Effective Date 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 42.

Appears in 3 contracts

Samples: CareView Communications Inc, CareView Communications Inc, 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 Common Stock (all or any portion of the outstanding shares of stock or other securities at the time issuable upon exercise of this Warrant) Underlying Stock payable in (a) securities of the Company or (b) assets (excluding cash dividendsdividends paid or payable solely out of retained earnings), then, in each such case, the Registered Holder on exercise of this Warrant 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 the Registered Holder would have been entitled upon such date if the Registered Holder had exercised this Warrant on the date hereof and had thereafter, during the period from the Effective Date 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 42.

Appears in 3 contracts

Samples: Stockholders’ Agreement (Aspen Aerogels Inc), Stockholders’ Agreement (Aspen Aerogels Inc), Stockholders’ 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 the Common Stock (or any shares of stock or other securities at the time issuable upon exercise of this Warrantthe Option) payable in (a) securities of the Company or (b) assets (excluding cash dividendsdividends paid or payable solely out of retained earnings), then, in each such case, the Holder Optionee on exercise of this Warrant the Option 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 the Holder Optionee would have been entitled upon such date if the Holder Optionee had exercised this Warrant the Option on the date hereof and had thereafter, during the period from the Effective Date 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 2 contracts

Samples: Non Qualified Stock Option Agreement (Trestle Holdings Inc), Non Qualified Stock Option Agreement (Trestle 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 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 this Warrant) payable in (a) securities of the Company or (b) assets (excluding cash dividendsdividends paid or payable solely out of retained earnings), then, in each such case, the Registered Holder on exercise of this Warrant 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 the Registered Holder would have been entitled upon such date if the Registered Holder had exercised this Warrant on the date hereof thereof and had thereafter, during the period from the Effective Date date 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 42.

Appears in 2 contracts

Samples: Credit Agreement (CareView Communications Inc), Credit Agreement (CareView Communications 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 this the Warrant) payable in (a) securities of the Company or (b) assets (excluding regularly scheduled cash dividendsdividends paid or payable), 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 therefortherefore, the securities or such other assets of the Company to which the such Holder would have been entitled upon such date if the such Holder had exercised this Warrant on the date hereof and had thereafter, during the period from the Effective Date 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 48.

Appears in 1 contract

Samples: Omnibus Agreement (Care Investment Trust Inc.)

Adjustment for Dividends or Distributions of Stock or Other Securities or Property. In case If the Company Issuer 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 Common the Preferred Stock (or any shares of stock or other securities at the time issuable upon exercise of this Warrant) payable in (a) securities of the Company Issuer or (b) assets (excluding cash dividendsdividends paid or payable solely out of retained earnings), (the “Distribution”) then, in each such case, the Holder on exercise Holders 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 Preferred 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 Issuer to which the such Holder would have been entitled upon such date if the such Holder had exercised this Warrant on the date hereof and had thereafter, during the period from the Effective Date date hereof to and including the date of such exercise, retained such shares 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 4.4A.

Appears in 1 contract

Samples: Biodel 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 Common Stock (or any shares of stock or other securities at the time issuable upon exercise of this Warrant) payable in (a) securities of the Company or (b) assets (excluding cash dividends), then, in each such case, the Holder on exercise of this Warrant 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 the Holder would have been entitled upon such date if the Holder had exercised this Warrant on the date hereof thereof and had thereafter, during the period from the 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 4.

Appears in 1 contract

Samples: Imperial Holdings, LLC

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