Adjustments; Additional Shares, Securities or Assets. In the event that at any time, as a result of an adjustment made pursuant to this Section 5 or otherwise, Holder shall, upon Exercise of this Warrant, become entitled to receive shares and/or other securities or assets (other than Common Stock) then, wherever appropriate, all references herein to shares of Common Stock shall be deemed to refer to and include such shares and/or other securities or assets; and thereafter the number of such shares and/or other securities or assets shall be subject to adjustment from time to time in a manner and upon terms as nearly equivalent as practicable to the provisions of this Section 5.
Appears in 62 contracts
Samples: Warrant Agreement (Nevro Corp), Second Lien Credit and Guaranty Agreement (Lannett Co Inc), Exchange Agreement (Lannett Co Inc)
Adjustments; Additional Shares, Securities or Assets. In the event that at any time, as a result of an adjustment made pursuant to this Section 5 or otherwise6, the Holder of this Warrant shall, upon Exercise exercise of this Warrant, become entitled to receive shares and/or other securities or assets (other than Common Stock) then, wherever appropriate, all references herein to shares of Common Stock shall be deemed to refer to and include such shares and/or other securities or assets; and thereafter the number of such shares and/or other securities or assets shall be subject to adjustment from time to time in a manner and upon terms as nearly equivalent as practicable to the provisions of this Section 56. Any adjustment made herein that results in a decrease in the Exercise Price shall also effect a proportional increase in the number of shares of Common Stock into which this Warrant is exercisable.
Appears in 43 contracts
Samples: Warrant Agreement (Innuity, Inc. /Ut/), Warrant Agreement (Earth Biofuels Inc), Warrant Agreement (Earth Biofuels Inc)
Adjustments; Additional Shares, Securities or Assets. In the event that at any time, as a result of an adjustment made pursuant to this Section 5 or otherwise5, the Holder of this Warrant shall, upon Exercise exercise of this Warrant, become entitled to receive shares and/or other securities or assets (other than Common Stock) then, wherever appropriate, all references herein to shares of Common Stock shall be deemed to refer to and include such shares and/or other securities or assets; and thereafter the number of such shares and/or other securities or assets shall be subject to adjustment from time to time in a manner and upon terms as nearly equivalent as practicable to the provisions of this Section 5.
Appears in 10 contracts
Samples: Warrant Agreement (Ener1 Inc), Warrant Agreement (Ener1 Inc), Warrant Agreement (Ener1 Inc)
Adjustments; Additional Shares, Securities or Assets. In the event that at any time, as a result of an adjustment made pursuant to this Section 5 or otherwiseparagraph 6, the Holder of this Warrant shall, upon Exercise exercise of this Warrant, become entitled to receive shares and/or other securities or assets (other than Common Stock) then, wherever appropriate, all references herein to shares of Common Stock shall be deemed to refer to and include such shares and/or other securities or assets; and thereafter the number of such shares and/or other securities or assets shall be subject to adjustment from time to time in a manner and upon terms as nearly equivalent as practicable to the provisions of this Section 5paragraph 6.
Appears in 6 contracts
Samples: Warrant Agreement (Click2learn Com Inc), Securities Purchase Agreement (Webb Interactive Services Inc), Securities Purchase Agreement (Alydaar Software Corp /Nc/)
Adjustments; Additional Shares, Securities or Assets. In the event that at any time, as a result of an adjustment made pursuant to this Section 5 or otherwise, Holder shall, upon Exercise of this Warrant, become entitled to receive shares and/or other securities or assets (other than Common StockWarrant Shares) then, wherever appropriate, all references herein to shares of Common Stock Warrant Shares shall be deemed to refer to and include such shares and/or other securities or assets; and thereafter the number of such shares and/or other securities or assets shall be subject to adjustment from time to time in a manner and upon terms as nearly equivalent as practicable to the provisions of this Section 5.
Appears in 6 contracts
Samples: Warrant Agreement (Power Solutions International, Inc.), Warrant Agreement (Weichai America Corp.), Warrant Agreement (Weichai America Corp.)
Adjustments; Additional Shares, Securities or Assets. In the event that at any time, as a result of an adjustment made pursuant to this Section 5 or otherwise2.4, each Holder shall, upon Exercise conversion of this Warrantsuch Holder’s Warrants, become entitled to receive shares and/or other securities or assets (other than Common Stock) then, wherever appropriate, all references herein to shares of Common Stock shall be deemed to refer to and include such shares and/or other securities or assets; and thereafter the number of such shares and/or other securities or assets shall be subject to adjustment from time to time in a manner and upon terms as nearly equivalent as practicable to the provisions of this Section 52.4.
Appears in 4 contracts
Samples: Warrant Agreement (Andover Medical, Inc.), Warrant Agreement (Andover Medical, Inc.), Warrant Agreement (Andover Medical, Inc.)
Adjustments; Additional Shares, Securities or Assets. In the event that at any time, as a result of an adjustment made pursuant to this Section 5 or otherwiseSECTION 5, the Warrant Holder shall, upon Exercise exercise of this Warrant, become entitled to receive shares and/or other securities or assets (other than Common Stock) then, wherever appropriate, all references herein to shares of Common Stock shall be deemed to refer to and include such shares and/or other securities or assets; and thereafter the number of such shares and/or other securities or assets shall be subject to adjustment from time to time in a manner and upon terms as nearly equivalent as practicable to the provisions of this Section SECTION 5.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Telscape International Inc), Securities Purchase Agreement (Telscape International Inc), Loan Agreement (Telscape International Inc)
Adjustments; Additional Shares, Securities or Assets. In the event that at any time, as a result of an adjustment made pursuant to this Section 5 or otherwise, the Holder shall, upon Exercise of this Warrant, become entitled to receive shares and/or other securities or assets (other than Common Stock) then, wherever appropriate, all references herein to shares of Common Stock shall be deemed to refer to and include such shares and/or other securities or assets; and thereafter the number of such shares and/or other securities or assets shall be subject to adjustment from time to time in a manner and upon terms as nearly equivalent as practicable to the provisions of this Section 5.
Appears in 4 contracts
Samples: Warrant Agreement (Sunpower Corp), Warrant Agreement (TotalEnergies SE), Warrant Agreement (Global Infrastructure Investors III, LLC)
Adjustments; Additional Shares, Securities or Assets. In the event that at any time, as a result of an adjustment made pursuant to this Section 5 or otherwise6, the Holder of this Warrant shall, upon Exercise exercise of this Warrant, become entitled to receive shares and/or other securities or assets (other than Common Stock) then, wherever appropriate, all references herein to shares of Common Stock shall be deemed to refer to and include such shares and/or other securities or assets; and thereafter the number of such shares and/or other securities or assets shall be subject to adjustment from time to time in a manner and upon terms as nearly equivalent as practicable to the provisions of this Section 56.
Appears in 3 contracts
Samples: Warrant Agreement (Omni Energy Services Corp), Warrant Agreement (Omni Energy Services Corp), Warrant Agreement (Omni Energy Services Corp)
Adjustments; Additional Shares, Securities or Assets. In the event that at any time, as a result of an adjustment made pursuant to this Section 5 or otherwise4, the Holder of this Warrant shall, upon Exercise exercise of this Warrant, become entitled to receive shares and/or other securities or assets (other than Common Stock) then, wherever appropriate, all references herein to shares of Common Stock shall be deemed to refer to and include such shares and/or other securities or assets; and thereafter the number of such shares and/or other securities or assets shall be subject to adjustment from time to time in a manner and upon terms as nearly equivalent as practicable to the provisions of this Section 56.
Appears in 3 contracts
Samples: Warrant Agreement (Singing Machine Co Inc), Warrant Agreement (Singing Machine Co Inc), Warrant Agreement (Singing Machine Co Inc)
Adjustments; Additional Shares, Securities or Assets. In the event that at any time, as a result of an adjustment made pursuant to this Section 5 or otherwise4, the Holder of this Warrant shall, upon Exercise exercise of this Warrant, become entitled to receive shares and/or other securities or assets (other than Common Stock) then, wherever appropriate, all references herein to shares of Common Stock shall be deemed to refer to and include such shares and/or other securities or assets; and thereafter the number of such shares and/or other securities or assets shall be subject to adjustment from time to time in a manner and upon terms as nearly equivalent as practicable to the provisions of this Section 54.
Appears in 2 contracts
Samples: Warrant Agreement (Omni Energy Services Corp), Warrant Agreement (Omni Energy Services Corp)
Adjustments; Additional Shares, Securities or Assets. In the event that at any time, as a result of an adjustment made pursuant to this Section 5 or otherwise2.3, each Holder shall, upon Exercise conversion of this Warrantsuch Holder’s Warrants, become entitled to receive shares and/or other securities or assets (other than Common Stock) then, wherever appropriate, all references herein to shares of Common Stock shall be deemed to refer to and include such shares and/or other securities or assets; and thereafter the number of such shares and/or other securities or assets shall be subject to adjustment from time to time in a manner and upon terms as nearly equivalent as practicable to the provisions of this Section 52.3.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (MediaMorph Inc), Common Stock Purchase Warrant (Nanosensors Inc)
Adjustments; Additional Shares, Securities or Assets. In the event that at any time, as a result of an adjustment made pursuant to this Section 5 or otherwise, Holder shall, upon Exercise of this Warrant, become entitled to receive shares and/or other securities or assets (other than Common StockADSs or Restricted ADSs) then, wherever appropriate, all references herein to shares of Common Stock ADSs or Restricted ADSs shall be deemed to refer to and include such shares and/or other securities or assets; and thereafter the number of such shares and/or other securities or assets shall be subject to adjustment from time to time in a manner and upon terms as nearly equivalent as practicable to the provisions of this Section 5.
Appears in 2 contracts
Samples: Warrant Agreement (Avadel Pharmaceuticals PLC), Warrant Agreement (Avadel Pharmaceuticals PLC)
Adjustments; Additional Shares, Securities or Assets. In the event that at any time, as a result of an adjustment made pursuant to this Section 5 or otherwise5, the Warrant Holder shall, upon Exercise exercise of this Warrant, become entitled to receive shares and/or other securities or assets (other than Common Stock) then, wherever appropriate, all references herein to shares of Common Stock shall be deemed to refer to and include such shares and/or other securities or assets; and thereafter the number of such shares and/or other securities or assets shall be subject to adjustment from time to time in a manner and upon terms as nearly equivalent as practicable to the provisions of this Section 5.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Telscape International Inc), Securities Purchase Agreement (Telscape International Inc)
Adjustments; Additional Shares, Securities or Assets. In the event that at any time, as a result of an adjustment made pursuant to this Section 5 or otherwise4, the Holder of this Class A Warrant shall, upon Exercise exercise of this Class A Warrant, become entitled to receive shares and/or other securities or assets (other than Common Stock) then, wherever appropriate, all references herein to shares of Common Stock shall be deemed to refer to and include such shares and/or other securities or assets; and thereafter the number of such shares and/or other securities or assets shall be subject to adjustment from time to time in a manner and upon terms as nearly equivalent as practicable to the provisions of this Section 54.
Appears in 2 contracts
Samples: Warrant Agreement (Ener1 Inc), Warrant Agreement (Ener1 Inc)
Adjustments; Additional Shares, Securities or Assets. In the event that at any time, as a result of an adjustment made pursuant to this Section 5 or otherwise, Holder shall, upon Exercise of this Warrant, become entitled to receive shares and/or other securities or assets (other than Common StockShares) then, wherever appropriate, all references herein to shares of Common Stock Shares shall be deemed to refer to and include such shares and/or other securities or assets; and thereafter the number of such shares and/or other securities or assets shall be subject to adjustment from time to time in a manner and upon terms as nearly equivalent as practicable to the provisions of this Section 5.
Appears in 2 contracts
Samples: Facility Agreement (Kempharm, Inc), Warrant Agreement (Kempharm, Inc)
Adjustments; Additional Shares, Securities or Assets. In the event that at any time, as a result of an adjustment made pursuant to this Section 5 or otherwiseparagraph 5, the Holder of this Warrant shall, upon Exercise exercise of this Warrant, become entitled to receive shares and/or other securities or assets (other than Common Stock) then, wherever appropriate, all references herein to shares of Common Stock shall be deemed to refer to and include such shares and/or other securities or assets; and thereafter the number of such shares and/or other securities or assets shall be subject to adjustment from time to time in a manner and upon terms as nearly equivalent as practicable to the provisions of this Section paragraph 5.
Appears in 2 contracts
Samples: Warrant Agreement (SkyShop Logistics, Inc.), Warrant Agreement (SkyPostal Networks, Inc.)
Adjustments; Additional Shares, Securities or Assets. In the event that at any time, as a result of an adjustment made pursuant to this Section 5 or otherwise5, the Holder of this Warrant shall, upon Exercise exercise of this Warrant, become entitled to receive shares and/or other securities or assets (other than Common StockOrdinary Shares) then, wherever appropriate, all references herein to shares of Common Stock Ordinary Shares shall be deemed to refer to and include such shares and/or other securities or assets; and thereafter the number of such shares and/or other securities or assets shall be subject to adjustment from time to time in a manner and upon terms as nearly equivalent as practicable to the provisions of this Section 5.
Appears in 1 contract
Adjustments; Additional Shares, Securities or Assets. In the event ---------------------------------------------------- that at any time, as a result of an adjustment made pursuant to this Section 5 or otherwiseparagraph 6, the Holder of this Warrant shall, upon Exercise exercise of this Warrant, become entitled to receive shares and/or other securities or assets (other than Common Stock) then, wherever appropriate, all references herein to shares of Common Stock shall be deemed to refer to and include such shares and/or other securities or assets; and thereafter the number of such shares and/or other securities or assets shall be subject to adjustment from time to time in a manner and upon terms as nearly equivalent as practicable to the provisions of this Section 5paragraph 6.
Appears in 1 contract
Adjustments; Additional Shares, Securities or Assets. In the event that at any time, as a result of an adjustment made pursuant to this Section 5 or otherwise8, each Holder shall, upon Exercise conversion of this Warrantsuch Holder's Debentures, become entitled to receive shares and/or other securities or assets (other than Common Stock) then, wherever appropriate, all references herein to shares of Common Stock shall be deemed to refer to and include such shares and/or other securities or assets; and thereafter the number of such shares and/or other securities or assets shall be subject to adjustment from time to time in a manner and upon terms as nearly equivalent as practicable to the provisions of this Section 58.
Appears in 1 contract
Samples: Senior Convertible Debenture (CHINA MOBILITY SOLUTIONS, INC. (Formerly Xin Net Corp.))
Adjustments; Additional Shares, Securities or Assets. In the event that at any time, as a result of an adjustment made pursuant to this Section 5 4 or otherwise, Holder shall, upon Exercise of this Warrant, become entitled to receive shares and/or other securities or assets (other than Common StockSeries A Preferred) then, wherever appropriate, all references herein to shares of Common Stock Series A Preferred shall be deemed to refer to and include such shares and/or other securities or assets; and thereafter the number of such shares and/or other securities or assets shall be subject to adjustment from time to time in a manner and upon terms as nearly equivalent as practicable to the provisions of this Section 54.
Appears in 1 contract
Samples: Securities Purchase Agreement (Kun Run Biotechnology, Inc.)