Adjustment to Exercise Price Upon Issuance of Common Stock. Except as provided in Section 3(g) and except in the case of an event described in either Section 3(a), Section 3(b) or Section 3(c), if the Company shall, at any time or from time to time after the Initial Exercise Date, issue or sell, or in accordance with Section 3(h) is deemed to have issued or sold, any shares of Common Stock without consideration or for consideration per share less than the Exercise Price in effect immediately prior to such issuance or sale (or deemed issuance or sale), then immediately upon such issuance or sale (or deemed issuance or sale), the Exercise Price in effect immediately prior to such issuance or sale (or deemed issuance or sale) shall be reduced (and in no event increased) to an Exercise Price equal to the quotient obtained by dividing:
Appears in 4 contracts
Samples: Credit, Security and Guaranty Agreement (Alphatec Holdings, Inc.), Alphatec Holdings, Inc., Alphatec Holdings, Inc.
Adjustment to Exercise Price Upon Issuance of Common Stock. Except as provided in Section 3(g) and except in the case of an event described in either Section 3(a), Section 3(b) or Subject to Section 3(c), if the Company shall, at any time or from time to time after the Initial Exercise date hereof (the “Issue Date”), issue or sell, or in accordance with Section 3(h) is deemed to have issued or sold, sell any shares of Common Stock Stock, whether directly or indirectly by way of Options or Convertible Securities (other than in an Excluded Issuance or any event described in Section 3(d) or (e)), without consideration or for consideration per share less than the Exercise Price in effect immediately prior to such issuance or sale (or deemed issuance or sale), then immediately upon such issuance or sale (or deemed issuance or sale), the Exercise Price in effect immediately prior to such issuance or sale (or deemed issuance or sale) shall be reduced (and in no event increased) to an Exercise Price equal to the quotient obtained by dividing:
Appears in 3 contracts
Samples: Agile Therapeutics Inc, Agile Therapeutics Inc, Agile Therapeutics Inc
Adjustment to Exercise Price Upon Issuance of Common Stock. Except as provided in Section 3(g4(c) and except in the case of an event described in either Section 3(a), Section 3(b4(e) or Section 3(c4(f), if the Company shall, at any time or from time to time after the Initial Exercise Original Issue Date, issue or sell, or in accordance with Section 3(h4(d) is deemed to have issued or sold, any shares of Common Stock without consideration or for consideration per share less than the Exercise Price in effect immediately prior to such issuance or sale (or deemed issuance or sale), then immediately upon such issuance or sale (or deemed issuance or sale), the Exercise Price in effect immediately prior to such issuance or sale (or deemed issuance or sale) shall be reduced (and in no event increased) to an Exercise Price equal to the quotient obtained by dividing:
Appears in 2 contracts
Samples: Avadim Health, Inc., Unit Purchase Agreement (USA Synthetic Fuel Corp)
Adjustment to Exercise Price Upon Issuance of Common Stock. Except as provided in Section 3(g4(c) and except in the case of an event described in either Section 3(a), Section 3(b4(e) or Section 3(c4(t), if the Company shall, at any time or from time to time after the Initial Exercise Original Issue Date, issue or sell, or in accordance with Section 3(h4(d) is deemed to have issued or sold, any shares of Common Stock without consideration or for consideration per share less than the Exercise Price in effect immediately prior to such issuance or sale (or deemed issuance or sale), then immediately upon such issuance or sale (or deemed issuance or sale), the Exercise Price in effect immediately prior to such issuance or sale (or deemed issuance or sale) shall be reduced (and in no event increased) to an Exercise Price equal to the quotient obtained by dividing:
Appears in 1 contract
Samples: Warrant (Principal Solar, Inc.)
Adjustment to Exercise Price Upon Issuance of Common Stock. Except as provided in Section 3(g4(c) and except in the case of an event described in either Section 3(a), Section 3(b4(e) or Section 3(c4(f), if the Company shall, at any time or from time to time after the Initial Exercise DateOriginal Issue Date and prior to the closing date of a Qualifying PO, issue or sell, or in accordance with Section 3(h4(d) is deemed to have issued or sold, any shares of Common Stock without consideration or for consideration per share less than the Exercise Price in effect immediately prior to such issuance or sale (or deemed issuance or sale), then immediately upon such issuance or sale (or deemed issuance or sale), the Exercise Price in effect immediately prior to such issuance or sale (or deemed issuance or sale) shall be reduced (and in no event increased) to an Exercise Price equal to the quotient obtained by dividing:
Appears in 1 contract
Samples: Exercise Agreement (Icagen, Inc.)
Adjustment to Exercise Price Upon Issuance of Common Stock. (a) Except as provided in Section 3(g) 4.3 and except in the case of an event described in either Section 3(a), Section 3(b) 4.5 or Section 3(c)4.6, if the Company shall, at any time or from time to time after the Initial Exercise Original Issue Date, issue or sell, or in accordance with Section 3(h) 4.4, is deemed to have issued or sold, any shares of Common Stock without consideration or for consideration per share less than the Exercise Price in effect immediately prior to such issuance or sale (or deemed issuance or sale), then immediately upon such issuance or sale (or deemed issuance or sale), the Exercise Price in effect immediately prior to such issuance or sale (or deemed issuance or sale) shall be reduced (and in no event increased) to an Exercise Price equal to the quotient obtained by dividing:
Appears in 1 contract