Common use of Adjustment of Exercise Price and Number of Shares upon Issuance of Common Stock Clause in Contracts

Adjustment of Exercise Price and Number of Shares upon Issuance of Common Stock. Except as otherwise provided in Sections 3, 4 and 5(b)(vi) hereof, if and whenever after the initial issuance of this Warrant, the Company issues or sells, or in accordance with Section 5(b) hereof is deemed to have issued or sold, any shares of Common Stock for no consideration or for a consideration per share less than the then effective Exercise Price or the Market Price (as herein defined) on the date of issuance (a "Dilutive Issuance"), then effective immediately upon the Dilutive Issuance, the Exercise Price will be adjusted in accordance with the following formula: E' = (E) (O + P/M) / (CSDO) where:

Appears in 1 contract

Samples: Tera Computer Co \Wa\

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Adjustment of Exercise Price and Number of Shares upon Issuance of Common Stock. Except as otherwise provided in Sections 3, 4 4(c) and 5(b)(vi4(e) hereof, if and whenever after the initial issuance of this Warrant, the Company issues or sells, or in accordance with Section 5(b4(b) hereof is deemed to have issued or sold, any shares of Common Stock for no consideration or for a consideration per share less than the then effective Exercise Price or the Market Price (as herein defined) on the date of issuance (a "Dilutive IssuanceDILUTIVE ISSUANCE"), then effective immediately upon the Dilutive Issuance, the Exercise Price will be adjusted in accordance with the following formula: E' = (E) (E x O + P/M) / (CSDO) M -------------------- CSDO where:

Appears in 1 contract

Samples: Smartserv Online Inc

Adjustment of Exercise Price and Number of Shares upon Issuance of Common Stock. Except as otherwise provided in Sections 3, 4 4(c) and 5(b)(vi4(e) hereof, if and whenever after the initial issuance of this Warrant, the Company issues or sells, or in accordance with Section 5(b4(b) hereof is deemed to have issued or sold, any shares of Common Stock for no consideration or for a consideration per share less than the then effective Exercise Price or the Market Price (as herein defined) on the date of issuance (a "Dilutive IssuanceDILUTIVE ISSUANCE"), then effective immediately upon the Dilutive Issuance, the Exercise Price will be adjusted in accordance with the following formula: E' = (E) (E x O + P/M) / (CSDO) M ---------------- CSDO where:

Appears in 1 contract

Samples: Smartserv Online Inc

Adjustment of Exercise Price and Number of Shares upon Issuance of Common Stock. Except as otherwise provided in Sections 3, 4 4(c) and 5(b)(vi4(e) hereof, if and whenever on or after the initial issuance date of this Warrantthe first closing under the Subscription Agreement, the Company issues or sells, or in accordance with Section 5(b4(b) hereof is deemed to have issued or sold, any shares of Common Stock for no consideration or for a consideration per share less than the then effective Exercise Price or the Market Price (as herein hereinafter defined) on the date of issuance (a "Dilutive IssuanceDILUTIVE ISSUANCE"), then effective immediately upon the Dilutive Issuance, the Exercise Price will be adjusted in accordance with the following formula: E = E' = (E) (O + P/~x~{O+P OVER M) / (CSDO) } OVER CSDO where:

Appears in 1 contract

Samples: Registration Rights Agreement (Cyberguard Corp)

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Adjustment of Exercise Price and Number of Shares upon Issuance of Common Stock. Except as otherwise provided in Sections 3, 4 4(c) and 5(b)(vi4(e) hereof, if and whenever after the initial issuance of this Warrant, the Company issues or sells, or in accordance with Section 5(b4(b) hereof is deemed to have issued or sold, any shares of Common Stock for no consideration or for a consideration per share less than the then effective Exercise Price or the Market Price (as herein defined) on the date of issuance (a "Dilutive IssuanceDILUTIVE ISSUANCE"), then effective immediately upon the Dilutive Issuance, the Exercise Price will be adjusted in accordance with the following formula: E' = (E) (E x ___O + P/M) / (CSDO) ____ CSDO where:

Appears in 1 contract

Samples: Smartserv Online Inc

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