Common use of Adjustment of Price Upon Issuance of Common Stock Clause in Contracts

Adjustment of Price Upon Issuance of Common Stock. If and whenever after the date hereof, the Company shall issue or sell any shares of Common Stock for a consideration per share less than 100% of the Market Price (as hereinafter defined) at the time of such issue or sale, then forthwith upon such issue or sale, the Exercise Price shall be reduced to the price determined as follows: by multiplying the then existing Exercise Price by a fraction (A) the numerator of which shall be the number of shares of Common Stock Deemed Outstanding immediately prior to such issue or sale plus the number of shares of Common Stock which the aggregate offering price of the total number of shares of Common Stock so to be offered would purchase at the current Market Price and (b) the denominator of which shall be the number of shares of Common Stock Deemed Outstanding plus the number of additional shares of Common Stock to be offered for issue or sale.

Appears in 2 contracts

Samples: Series C Warrant Agreement (Tokheim Corp), Series B Warrant Agreement (Tokheim Corp)

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Adjustment of Price Upon Issuance of Common Stock. If and whenever after the date hereof, the Company shall issue or sell any shares of Common Stock for a consideration per share less than 10095% of the Market Price (as hereinafter defined) at the time of such issue or sale, then forthwith upon such issue or sale, the Exercise Price shall be reduced to the price determined as follows: by multiplying the then existing Exercise Price by a fraction (A) the numerator of which shall be the number of shares of Common Stock Deemed Outstanding immediately prior to such issue or sale plus the number of shares of Common Stock which the aggregate offering price of the total number of shares of Common Stock so to be offered would purchase at the then current Market Price (or 95% of the then current Market Price if the issue or sale is pursuant to a private placement and no underwriter is involved) and (b) the denominator of which shall be the number of shares of Common Stock Deemed Outstanding plus the number of additional shares of Common Stock to be offered for issue or sale.of

Appears in 2 contracts

Samples: Metal Management Inc, Metal Management Inc

Adjustment of Price Upon Issuance of Common Stock. If and whenever after the date hereof, the Company shall issue or sell any shares of Common Stock for a consideration per share less than 10095% of the Market Price (as hereinafter defined) at the time of such issue or sale, then forthwith upon such issue or sale, the Exercise Price shall be reduced to the price determined as follows: by multiplying the then existing Exercise Price by a fraction (A) the numerator of which shall be the number of shares of Common Stock Deemed Outstanding immediately prior to such issue or sale plus the number of shares of Common Stock which the aggregate offering price of the total number of shares of Common Stock so to be offered would purchase at the then current Market Price (or 95% of the then current Market Price if the issue or sale is pursuant to a private placement and no underwriter is involved) and (b) the denominator of which shall be the number of shares of Common Stock Deemed Outstanding plus the number of additional shares of Common Stock to be offered for issue or sale.

Appears in 1 contract

Samples: Warrant Agreement (Metal Management Inc)

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Adjustment of Price Upon Issuance of Common Stock. If and whenever after the date hereof, the Company shall issue or sell any shares of Common Stock for a consideration per share less than 100% of the Market Price (as hereinafter defined) at the time of such issue or sale, then forthwith upon such issue or sale, the Exercise Price shall be reduced to the price determined as follows: by multiplying the then existing Exercise Price by a fraction (A) the numerator of which shall be the number of shares of Common Stock Deemed Outstanding immediately prior to such issue or sale plus the number of shares of Common Stock which the aggregate offering price of the total number of shares of Common Stock so to be offered would purchase at the current Market Price and (bB) the denominator of which shall be the number of shares of Common Stock Deemed Outstanding plus the number of additional shares of Common Stock to be offered for issue or sale.

Appears in 1 contract

Samples: Series a Warrant Agreement (Tokheim Corp)

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