Common use of Adjustment for Unspecified Actions Clause in Contracts

Adjustment for Unspecified Actions. If the Company takes any action affecting the Common Stock, other than actions described in this Section 13, which in the opinion of the Board would adversely affect the exercise rights of the Warrantholder, the Exercise Price for the Warrants and/or the number of Shares received upon exercise of the Warrant shall be adjusted for the Warrantholder’s benefit, to the extent permitted by law, in such manner, and at such time, as such Board after consultation with the Investor shall reasonably determine to be equitable in the circumstances. Failure of the Board to provide for any such adjustment will be evidence that the Board has determined that it is equitable to make no such adjustments in the circumstances.

Appears in 2 contracts

Samples: Investment Agreement (Mbia Inc), Investment Agreement (Mbia Inc)

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Adjustment for Unspecified Actions. If the Company takes any action affecting the Common Stock, other than actions action described in this Section 13, which in the opinion of the Board would materially adversely affect the exercise rights of the WarrantholderWarrantholders, the Exercise Price for the Warrants and/or the number of Shares received upon exercise of the Warrant shall may be adjusted for the Warrantholder’s benefitadjusted, to the extent permitted by law, in such manner, if any, and at such time, as such Board after consultation with the Investor shall reasonably may determine in good faith to be equitable in the circumstances. Failure of the Board to provide for any such adjustment prior to the effective date of any such action by the Company affecting the Common Stock will be evidence that the Board has determined that it is equitable to make no such adjustments in the circumstances.

Appears in 1 contract

Samples: Preferred Stock and Warrant Purchase Agreement (Avaya Inc)

Adjustment for Unspecified Actions. If the Company Corporation takes any action affecting the Common Stock, other than actions described in this Section 137(c), which in the opinion of the Board of Directors would adversely affect the exercise rights of the Warrantholderholder of the Series A Preferred Stock, the Exercise Mandatory Conversion Price for the Warrants and/or the number of Shares received upon exercise of the Warrant shall be adjusted for the Warrantholderholder’s benefit, to the extent permitted by law, in such manner, and at such time, as such Board of Directors after consultation with the Investor holder of the Series A Preferred Stock shall reasonably determine to be equitable in the circumstances. Failure of the Board of Directors to provide for any such adjustment will be evidence that the Board has determined that it is equitable to make no such adjustments in the circumstances.

Appears in 1 contract

Samples: Investment Agreement (Mbia Inc)

Adjustment for Unspecified Actions. If the Company takes any action affecting the Common StockShares, other than actions described in this Section 13, which in the opinion of the Board would adversely affect the exercise rights of the Warrantholder, the Exercise Price for the Warrants Warrant and/or the number of Shares received upon exercise of the Warrant shall be adjusted for the Warrantholder’s benefit, to the extent permitted by law, in such manner, and at such time, as such the Board after consultation with the Investor Warrantholder shall reasonably determine to be equitable in the circumstances. Failure of the Board to provide for any such adjustment will be evidence that the Board has determined that it is equitable to make no such adjustments in the circumstances.

Appears in 1 contract

Samples: Registration Rights Agreement (Sophiris Bio Inc.)

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Adjustment for Unspecified Actions. If the Company takes any action affecting the Common Subject Stock, other than actions described in this Section 13, which in the opinion of the Board of Directors would materially adversely affect the exercise rights of the Warrantholder, the Exercise Price for the Warrants Warrant and/or the number of Shares received upon exercise of the Warrant shall be adjusted for the Warrantholder’s benefit, to the extent permitted by law, in such manner, and at such time, as such Board of Directors after consultation with the Investor Warrantholder shall reasonably determine to be equitable in the circumstances. Failure of the Board of Directors to provide for any such adjustment will be evidence that the Board of Directors has determined that it is equitable to make no such adjustments in the circumstances.

Appears in 1 contract

Samples: Stockholders Agreement (Standard Pacific Corp /De/)

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