Common use of Adjustment of Exercise Price Clause in Contracts

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issued.

Appears in 6 contracts

Samples: Common Stock Purchase Warrant (Dpac Technologies Corp), Securities Purchase Agreement (Tasker Capital Corp), Innovative Companies Inc

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Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective a consideration per share of less than the then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issued.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Viragen Inc), Securities Purchase Agreement (RCG Companies Inc), Eresource Capital Group Inc

Adjustment of Exercise Price. If and whenever In the Company issues or sells, or in accordance with event that the consideration per share (determined pursuant to Section 11(b)(ii7(c)(v) hereof is deemed to have issued or sold, any shares hereof) for an Additional Share of Common Stock for an effective consideration per share of issued or deemed to be issued by the Company is less than the Fair Market Value (as defined in Section 7(e) hereof) on the date of the issue of such Additional Share of Common Stock, then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price and the number of shares shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issuedadjusted as provided herein.

Appears in 4 contracts

Samples: Teltronics Inc, Teltronics Inc, Teltronics Inc

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issued.

Appears in 4 contracts

Samples: Securities Purchase Agreement (World Health Alternatives Inc), Securities Purchase Agreement (World Health Alternatives Inc), Common Stock Purchase Warrant (World Health Alternatives Inc)

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, sells any shares of Common Stock for an effective a consideration per share of less than the then the Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever such shares of Common Stock or Common Stock Capital Share Equivalents are issued.

Appears in 4 contracts

Samples: Private Placement Subscription Agreement (Eden Energy Corp), Private Placement Subscription Agreement (Eden Energy Corp), Eden Energy Corp

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii8(b) hereof is deemed to have issued or sold, any shares of Common Stock for an effective a consideration per share of less than the then the Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever such shares of Common Stock or Common Stock Capital Share Equivalents are issued.

Appears in 4 contracts

Samples: Payment and Subscription Agreement (Smartire Systems Inc), Stock Purchase (Smartire Systems Inc), Smartire Systems Inc

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price Price, or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issued.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Sunburst Acquisitions Iv Inc), Sunburst Acquisitions Iv Inc, Sunburst Acquisitions Iv Inc

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective a consideration per share of less than the then Exercise Price Price, or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to a price equal to the Base Share Price. Such adjustment shall be made whenever shares of Common Stock such Capital Shares or Common Stock Equivalents Capital Shares Equivalent are issued.

Appears in 2 contracts

Samples: Paincare Holdings Inc, Paincare Holdings Inc

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issued.

Appears in 2 contracts

Samples: Validian Corp, Us Energy Corp

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective a consideration per share of less than the then Exercise Price Price, or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to equal the Base Share Price; provided, however, that it is acknowledged and agreed that this provision shall only have the effect of reducing the Exercise Price of the Warrant. Such adjustment shall be made whenever such shares of Common Stock or Common Stock Equivalents Capital Shares Equivalent are issuedissued as a Dilutive Issuance, without duplication.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Interactive Systems Worldwide Inc /De), Interactive Systems Worldwide Inc /De

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii10(b) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to a price equal to the Base Share Price (the “Adjusted Exercise Price”). Such adjustment shall be made whenever such shares of Common Stock or Common Stock Equivalents are issued.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Emerge Interactive Inc), Common Stock Purchase Warrant (Emerge Interactive Inc)

Adjustment of Exercise Price. If and whenever the Company issues or ------------------------------ sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), ------------------ ----------------- then, the Exercise Price shall be reduced to equal the Base Share Price. Such --- adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issued.

Appears in 2 contracts

Samples: Network Installation Corp, Network Installation Corp

Adjustment of Exercise Price. If and whenever In the Company issues or sells, or in accordance with event that the consideration per share (determined pursuant to Section 11(b)(ii7(c)(v) hereof is deemed to have issued or sold, any shares hereof) for an Additional Share of Common Stock for an effective consideration per share of issued or deemed to be issued by the Company is less than the then Exercise Price or for no consideration (such lower pricein effect on the date of, and immediately prior to, the "Base issue of such Additional Share Price" and such issuances collectivelyof Common Stock, a "Dilutive Issuance"), then, then the Exercise Price and the number of shares shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issuedadjusted as provided herein.

Appears in 1 contract

Samples: Debenture Purchase Agreement (Berger Holdings LTD)

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to equal the such Base Share Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issued.

Appears in 1 contract

Samples: Securities Purchase Agreement (Riviera Tool Co)

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Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price Price, or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, then the Exercise Price shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever such shares of Common Stock or Common Stock Equivalents are issued.

Appears in 1 contract

Samples: Raser Technologies Inc

Adjustment of Exercise Price. If and whenever during the Adjustment Period, the Company issues or sells, or in accordance with this Section 11(b)(ii11(b) hereof is deemed to have issued or sold, any shares of Common Stock (excluding Excluded Securities) for an effective a consideration per share of (the “New Securities Issuance Price”) less than a price (the then “Applicable Price”) equal to the Exercise Price in effect immediately prior to such time, then immediately after such issue or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), thensale, the Exercise Price then in effect shall be reduced to an amount equal to the Base Share New Securities Issuance Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issued.

Appears in 1 contract

Samples: I2 Telecom International Inc

Adjustment of Exercise Price. If and whenever In the Company issues or sells, or in accordance with event that the consideration per share (determined pursuant to Section 11(b)(ii8(c)(v) hereof is deemed to have issued or sold, any shares hereof) for an Additional Share of Common Stock for an effective consideration per share of issued or deemed to be issued by the Company is less than the Fair Market Value (as defined in Section 8(e) hereof) on the date of the issue of such Additional Share of Common Stock, then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price and the number of shares shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issuedadjusted as provided herein.

Appears in 1 contract

Samples: Stock Purchase Warrant (Galaxy Foods Co)

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective a consideration per share of less than the then Exercise Price (the “Base Share Price”) or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), thenthen effective immediately upon the Dilutive Issuance, the Exercise Price shall will be reduced to so that the Exercise Price will equal the Base Share Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issued.

Appears in 1 contract

Samples: Summus Inc Usa

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii11(b) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to a price equal to the Base Share Price. Such adjustment shall be made whenever such shares of Common Stock or Common Stock Equivalents are issued.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Emerge Interactive Inc)

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii11(b) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to a price equal to the Base Share Price. Such adjustment shall be made whenever such shares of Common Stock or Common Stock Equivalents are issued.

Appears in 1 contract

Samples: Emagin Corp

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price or for no consideration (such lower price, the "Base Share “Applicable Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to equal the Base Share Applicable Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issued.

Appears in 1 contract

Samples: I2 Telecom International Inc

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issued.. <PAGE>

Appears in 1 contract

Samples: Purchase Agreement (Mines Management Inc)

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