Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to this Section 2, the Company shall promptly mail to each Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security, the Company shall be deemed to have issued Common Stock or Common Stock equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 3 contracts
Samples: Security Agreement (Miller Energy Resources, Inc.), Security Agreement (Miller Energy Resources, Inc.), Security Agreement (Miller Energy Resources, Inc.)
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to this Section 23, the Company shall promptly mail to each Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security, despite the prohibition thereon in the Purchase Agreement, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercisedexercised in the case of a Variable Rate Transaction.
Appears in 3 contracts
Samples: American Depositary Shares Purchase Warrant (Gentium S.p.A.), American Depositary Shares Purchase Warrant (Gentium S.p.A.), American Depositary Shares Purchase Warrant (Gentium S.p.A.)
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 23, the Company shall promptly mail to each the Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues enters into a variable rate securityVariable Rate Transaction or MFN Transaction, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Convertible Securities at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Ants Software Inc), Common Stock Purchase Warrant (Ants Software Inc)
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 2, the Company shall promptly mail to each the Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues enters into a variable rate securityVariable Rate Transaction, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 2 contracts
Samples: Securities Agreement (Blue Sphere Corp.), Securities Agreement (Blue Sphere Corp.)
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 2, the Company shall promptly mail to each the Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues enters into a variable rate securityVariable Rate Transaction, despite the prohibition thereon in the Purchase Agreement, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 2 contracts
Samples: Warrant Agreement (ABC Funding, Inc), Warrant Agreement (ABC Funding, Inc)
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 23, the Company shall promptly mail to each the Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security, the Company shall be deemed to have issued Common Stock or Common Stock equivalents thereof at the lowest possible conversion or exercise price at which such securities may be converted or exercisedexercised in the case of a variable rate transaction.
Appears in 2 contracts
Samples: Security Agreement (United Benefits & Pension Services, Inc.), Security Agreement (United Benefits & Pension Services, Inc.)
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 23, the Company shall promptly mail to each the Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercisedexercised in the case of a Variable Rate Transaction.
Appears in 2 contracts
Samples: Security Agreement (Eco-Stim Energy Solutions, Inc.), Warrant Agreement (Soko Fitness & Spa Group, Inc.)
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 24, the Company shall promptly mail to each the Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues enters into a variable rate securityVariable Rate Transaction, despite the prohibition thereon in the Subscription Agreement, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 2 contracts
Samples: Security Agreement (Anhui Taiyang Poulty Co Inc), Security Agreement (Parkview Group Inc)
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to this Section 23, the Company shall promptly mail to each Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security, the Company shall be deemed to have issued Common Stock or Common Stock equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercisedexercised to the extent ascertainable at the time of issuance.
Appears in 1 contract
Samples: Warrant Agreement (Vemics, Inc.)
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to this Section 2, the Company shall promptly mail to each Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security, the Company shall be deemed to have issued Common Stock or Common Stock common stock equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 1 contract
Samples: Securities Agreement (Knobias, Inc.)
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to this Section 23, the Company shall promptly mail to each Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercisedexercised in the case of a Variable Rate Transaction (as defined in the Purchase Agreement).
Appears in 1 contract
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 23, the Company shall promptly mail to each Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If In the Company issues case of a variable rate securityVariable Rate Transaction, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion effective price that the Company has actually issued such Common Stock or exercise price at which such securities may be converted or exercisedCommon Stock Equivalents.
Appears in 1 contract
Samples: Securities Agreement (Innovative Card Technologies Inc)
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 23, the Company shall promptly mail to each Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment and the method of calculating such adjustment. If the Company issues a variable rate security, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 1 contract
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 23, the Company shall promptly mail to each the Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues enters into a variable rate securityVariable Rate Transaction (as defined in the Addendum), the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 1 contract
Samples: Securities Agreement (Fitness Xpress Software Inc.)
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to this Section 23, the Company shall promptly mail to each Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security, despite the prohibition thereon in the Purchase Agreement, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.exercised in the case of a Variable Rate Transaction
Appears in 1 contract
Samples: Securities Agreement (Intrac Inc)
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to this Section 23, the Company shall promptly mail to each Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security, despite the prohibition thereon in the Purchase Agreement, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised, to the extent ascertainable at the time of issuance.
Appears in 1 contract
Samples: Securities Agreement (Genesis Pharmaceuticals Enterprises, Inc.)
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to this Section 23, the Company shall promptly mail to each Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security, the Company shall be deemed to have issued Common Stock or Common Stock equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 1 contract
Samples: Securities Agreement (Miller Energy Resources, Inc.)
Adjustment to Exercise Price. Whenever the Exercise Price or the number of Warrant Shares is adjusted pursuant to this Section 2, the Company shall promptly mail deliver to each the Holder by facsimile or email a notice setting forth the Exercise Price and Warrant Shares after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security, the Company shall be deemed to have issued Common Stock or Common Stock equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 1 contract
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 23, the Company shall promptly mail to each the Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues enters into a variable rate securitytransaction, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Convertible Securities at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Apricus Biosciences, Inc.)
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 2section, the Company shall will promptly mail to each Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such the adjustment. If the Company issues a variable rate security, the Company shall will be deemed to have issued Common Stock common stock or Common Stock common stock equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercisedexercised in the case of a variable rate transaction.
Appears in 1 contract
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 23, the Company shall promptly mail to each the Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate securityany Common Stock or Common Stock Equivalents for no Net Consideration per Share, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 1 contract
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 24, the Company shall promptly mail to each the Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercisedexercised in the case of a variable rate security.
Appears in 1 contract