Common use of Adjustment of Number of Warrant Shares Clause in Contracts

Adjustment of Number of Warrant Shares. The number of Warrant Shares purchasable hereunder shall be reduced on a one-for-one basis by the number of shares of Common Stock (or Common Stock equivalents) sold directly or indirectly, including, without limitation, any short sale, third party short sales or holdings of a “put equivalent position” (as defined in Rule 16a-1 of the 1934 Act), of the Company’s Common Stock by the Holder from the date hereof until the Commencement Date. Prior to or simultaneously with the first exercise of this Warrant by the Holder (or the transfer of this Warrant), the Holder shall provide the Company with an affidavit and other reasonable supporting materials as to the foregoing.

Appears in 4 contracts

Samples: Subscription Agreement (Cardima Inc), Subscription Agreement (Cardima Inc), Stock and Warrant Purchase Agreement (Cardima Inc)

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Adjustment of Number of Warrant Shares. The number of Warrant Shares purchasable hereunder shall be reduced on a one-for-one basis by the number of shares of Common Stock (or Common Stock equivalents) sold directly or indirectly, including, without limitation, any short sale, third party short sales or holdings of a "put equivalent position" (as defined in Rule 16a-1 of the 1934 Act), of the Company’s 's Common Stock by the Holder from the date hereof until the Commencement Date. Prior to or simultaneously with the first exercise of this Warrant by the Holder (or the transfer of this Warrant), the Holder shall provide the Company with an affidavit and other reasonable supporting materials as to the foregoing.

Appears in 2 contracts

Samples: Subscription Agreement (Cardima Inc), Stock and Warrant Purchase Agreement (Insite Vision Inc)

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Adjustment of Number of Warrant Shares. The number of Warrant -------------------------------------- Shares purchasable hereunder shall be reduced on a one-for-one basis by the number of shares of Common Stock (or Common Stock equivalents) sold directly or indirectly, including, without limitation, any short sale, third party short sales or holdings of a "put equivalent position" (as defined in Rule 16a-1 of the 1934 Act), of the Company’s 's Common Stock by the Holder from the date hereof until the Commencement Date. Prior to or simultaneously with the first exercise of this Warrant by the Holder (or the transfer of this Warrant), the Holder shall provide the Company with an affidavit and other reasonable supporting materials as to the foregoing.

Appears in 1 contract

Samples: Stock and Warrant Purchase Agreement (Cardima Inc)

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