Adjustment to Number of Settlement Shares Sample Clauses

Adjustment to Number of Settlement Shares. (i) It is the intention of the parties that the total number of Settlement Shares issued shall be based upon an average trading price of the Ordinary Shares for a specified period of time subsequent to the delivery of a Tranche Notice (as defined below). Subject to the limitations set forth in Section 2(e), the total number of Ordinary Shares to be issued to Creditor in connection with each Tranche shall be adjusted on the Business Day immediately following the Pricing Period (the “Adjustment Date”) and issued within two (2) Trading Days after such Adjustment Date, as follows: (A) if the number of Adjusted Share Count exceeds the number of Settlement Shares that had previously been issued in such Tranche (including Settlement Shares issued pursuant to the Creditor’s notice under Section 2(c)(ii)), then the Company will issue and deliver to Creditor in the same manner as described in Section 2(d) below additional Ordinary Shares equal to the difference between (I) the total number of Adjusted Share Count and (II) the number of Settlement Shares previously issued in such Tranche, and (B) if the number of Adjusted Share Count is less than the number of Settlement Shares that had previously been issued in such Tranche (including Settlement Shares issued pursuant to the Creditor’s notice under Section 2(c)(ii)), then Creditor will return to the Company for cancellation that number of Ordinary Shares equal to the difference between (a) the number of Settlement Shares issued pursuant to such Tranche and (b) the total number of Adjusted Share Count. For purposes of this Agreement, “Adjusted Share Count” means the number of shares determined by dividing (x) the Tranche Amount by (y) the lesser of (I) seventy percent (70.0%) of the VWAP of the Ordinary Shares over the Pricing Period for such Tranche (the “Adjustment Price”), or (II) the Adjustment Price for the immediately prior Tranche; provided, however, that if the calculation of the Adjustment Price would result in the Adjustment Price being less than $0.10 per share, then the Adjustment Price shall be $0.10 per share. All such determinations in accordance with this Section 2(c)(i) will be appropriately adjusted for any stock split, stock dividend, reverse stock split, stock combination or other similar transaction during any such measuring period.
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Adjustment to Number of Settlement Shares. For the avoidance of doubt, the number of Settlement Shares issuable to Creditor shall be adjusted so as to account for interest, fees and expenses accruable from February 11, 2021 through and including the date on which Creditor receives the Settlement Shares.
Sample 1

Related to Adjustment to Number of Settlement Shares

  • Adjustment of Number of Warrant Shares Issuable Upon Exercise of a Warrant and Adjustment of Exercise Price.

  • Adjustment of Number of Warrant Shares and Exercise Price The number and kind of Warrant Shares purchasable upon exercise of this Warrant and the Exercise Price shall be subject to adjustment from time to time as follows:

  • Adjustment of Exercise Price and Number of Warrant Shares Issuable The Exercise Price and the number of Warrant Shares issuable upon the exercise of each Warrant are subject to adjustment from time to time upon the occurrence of the events enumerated in this Section 10. For purposes of this Section 10, "Common Stock" means shares now or hereafter authorized of any class of common stock of the Company and any other stock of the Company, however designated, that has the right (subject to any prior rights of any class or series of preferred stock) to participate in any distribution of the assets or earnings of the Company without limit as to per share amount.

  • ADJUSTMENT OF EXERCISE PRICE AND NUMBER OF WARRANT SHARES The Exercise Price and the number of Warrant Shares shall be adjusted from time to time as follows:

  • Adjustment in Number of Warrant Shares When any adjustment is required to be made in the Purchase Price pursuant to subsections 2(a) or 2(b), the number of Warrant Shares purchasable upon the exercise of this Warrant shall be changed to the number determined by dividing (i) an amount equal to the number of shares issuable upon the exercise of this Warrant immediately prior to such adjustment, multiplied by the Purchase Price in effect immediately prior to such adjustment, by (ii) the Purchase Price in effect immediately after such adjustment.

  • Adjustment of Number of Shares Upon each adjustment in the Warrant Price, the number of Shares of Series Preferred purchasable hereunder shall be adjusted, to the nearest whole share, to the product obtained by multiplying the number of Shares purchasable immediately prior to such adjustment in the Warrant Price by a fraction, the numerator of which shall be the Warrant Price immediately prior to such adjustment and the denominator of which shall be the Warrant Price immediately thereafter.

  • Adjustment of Exercise Price and Number of Shares The number of and kind of securities purchasable upon exercise of this Warrant and the Exercise Price shall be subject to adjustment from time to time as follows:

  • Adjustments of Exercise Price and Number of Warrant Shares The number and kind of securities purchasable upon the exercise of this Warrant and the Exercise Price shall be subject to adjustment from time to time upon the happening of any of the following. In case the Company shall (i) pay a dividend in shares of Common Stock or make a distribution in shares of Common Stock to holders of its outstanding Common Stock, (ii) subdivide its outstanding shares of Common Stock into a greater number of shares, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock, or (iv) issue any shares of its capital stock in a reclassification of the Common Stock, then the number of Warrant Shares purchasable upon exercise of this Warrant immediately prior thereto shall be adjusted so that the Holder shall be entitled to receive the kind and number of Warrant Shares or other securities of the Company which it would have owned or have been entitled to receive had such Warrant been exercised in advance thereof. Upon each such adjustment of the kind and number of Warrant Shares or other securities of the Company which are purchasable hereunder, the Holder shall thereafter be entitled to purchase the number of Warrant Shares or other securities resulting from such adjustment at an Exercise Price per Warrant Share or other security obtained by multiplying the Exercise Price in effect immediately prior to such adjustment by the number of Warrant Shares purchasable pursuant hereto immediately prior to such adjustment and dividing by the number of Warrant Shares or other securities of the Company resulting from such adjustment. An adjustment made pursuant to this paragraph shall become effective immediately after the effective date of such event retroactive to the record date, if any, for such event.

  • Minimum Adjustment of Exercise Price No adjustment of the Exercise Price shall be made in an amount of less than 1% of the Exercise Price in effect at the time such adjustment is otherwise required to be made, but any such lesser adjustment shall be carried forward and shall be made at the time and together with the next subsequent adjustment which, together with any adjustments so carried forward, shall amount to not less than 1% of such Exercise Price.

  • Adjustment of Warrant Price and Number of Shares The number and kind of securities purchasable upon the exercise of this Warrant and the Warrant Price shall be subject to adjustment from time to time upon the occurrence of certain events, as follows:

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