Adjustments and Distributions. 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:
(a) If the Company shall at any time or from time to time while this Warrant is outstanding, pay a dividend or make a distribution on its Common Stock in shares of Common Stock, subdivide its outstanding shares of Common Stock into a greater number of shares or combine its outstanding shares of Common Stock into a smaller number of shares, then the number of Warrant Shares purchasable upon exercise of this Warrant and the Warrant Price in effect immediately prior to the date upon which such change shall become effective shall be proportionally adjusted by the Company so that the Holder thereafter exercising this Warrant shall be entitled to receive the number of shares of Common Stock or other capital stock which the Holder would have received if this Warrant had been exercised immediately prior to such event upon payment of a Warrant Price that has been proportionally adjusted to reflect such event. Such adjustments shall be made successively whenever any event listed above shall occur.
(b) If any recapitalization, reclassification or reorganization of the capital stock of the Company (other than a change in par value or a subdivision or combination as provided for in Section 3(a) above) shall be effected in such a manner (including, without limitation, in connection with a consolidation or merger in which the Company is the continuing corporation), that holders of Common Stock shall be entitled to receive stock, securities, or other assets or property (a “Reorganization”), then, as a condition of such Reorganization, lawful and adequate provisions shall be made by the Company whereby the Holder hereof shall thereafter have the right to purchase and receive (in lieu of the shares of the Common Stock of the Company immediately theretofore purchasable and receivable upon the exercise of the rights represented hereby) such shares of stock, securities or other assets or property as may be issued or payable with respect to or in exchange for a number of outstanding shares of such Common Stock equal to the number of shares of such Common Stock immediately theretofore purchasable and receivable upon the exercise of the rights represented hereby. In the event of any Reorganization, appropriate provision shall be made by the Company with respect to the rights and in...
Adjustments and Distributions. The number and kind of securities purchasable upon the exercise of this Warrant shall be subject to adjustment from time to time upon the occurrence of certain events, as follows:
Adjustments and Distributions. 3.1 If the Corporation shall, while this Warrant is outstanding, issue or sell shares of its Common Stock or “Common Stock Equivalents” (as defined below) without consideration or at a price per share or “Net Consideration Per Share” (as defined below) less than the Warrant Price in effect immediately prior to such issuance or sale, then in each such case the Warrant Price then in effect at such time, except as hereinafter provided, shall be lowered so as to be equal to the Net Consideration Per Share.
Adjustments and Distributions. If an Event of Default has occurred and continues, all payments and distributions of any nature pertaining to the Collateral shall be delivered to Rxxxxx to be applied toward payment of the Obligations. If any of the Collateral is converted into another type of property or if any money or other proceeds are paid or delivered to or for credit to the account of any of the NGC Parties as a result of that party’s rights in the Collateral, all of that property, money, and other proceeds are part of the Collateral. After an Event of Default, the NGC Parties will immediately pay and deliver all property, money, and other proceeds of Collateral that they have or have received to Rxxxxx, and the NGC Parties shall take all other steps necessary to ensure Rxxxxx has control over the Collateral. In this event, and if Rxxxxx so requests, the NGC Parties will promptly endorse or assign all other property and proceeds that are included in the Collateral to Rxxxxx and deliver to Rxxxxx all proceeds that require perfection by possession under the UCC and that Rxxxxx does not already have. If any of this property requires any additional security agreement, financing statement, or other writing to create or perfect a security interest in favor of Rxxxxx, the NGC Parties shall promptly execute and deliver or cause to be executed and delivered to Rxxxxx any document or instrument Rxxxxx deems is reasonably necessary or proper for those purposes. Rxxxxx shall not be liable for any error, omission, or delay occurring in the settlement, collection, or payment related to the Collateral or of any property or instrument received pursuant to this ARSA.
Adjustments and Distributions. The number and kind of units purchasable upon the exercise of this Warrant shall be subject to adjustment from time to time upon the occurrence of certain events, as follows:
Adjustments and Distributions. Unless an Event of Default has occurred, Debtor shall be entitled to receive for its own use ordinary (but not extraordinary, liquidating, redemption, or similar types of) cash distributions on the Collateral. Upon the occurrence of an Event of Default, all payments and distributions pertaining to the Collateral shall be delivered to Administrative Agent to be held as additional Collateral hereunder or applied toward the satisfaction of the Indebtedness as Administrative Agent may elect. If any of the Collateral is converted into another type of property or if any money or other proceeds are paid or delivered to or for credit to the account of Debtor as a result of Debtor's rights in the Collateral, all such property, money, and other proceeds are part of the Collateral, and, except as may be permitted in the first sentence of this Section, Debtor will immediately pay and deliver all such property, money, or other proceeds so received to Administrative Agent or take such other steps as are necessary to ensure that Administrative Agent has control over any such property constituting investment property. If Administrative Agent so requests, Debtor will promptly endorse or assign all such other property and proceeds to Administrative Agent and deliver to Administrative Agent all proceeds which require perfection by possession under the UCC. With respect to any such property requiring any additional security agreement, financing statement or other writing to create or perfect a security interest therein in favor of Administrative Agent, Debtor will promptly execute and deliver or cause to be executed and delivered to Administrative Agent whatever Administrative Agent deems necessary or proper for such purposes. Administrative Agent shall not be liable for any error, omission or delay occurring in the settlement, collection or payment with respect to the Pledged Interests or the Collateral or of any property or instrument received pursuant thereto.
Adjustments and Distributions. (a) If any Shares vest subsequent to any change in the number or character of the Stock (through any stock dividend or other distribution, recapitalization, stock split, reverse stock split, reorganization, merger, consolidation, split-up, spin-off, combination, repurchase or exchange of shares or otherwise) occurring after the Grant Date, you shall then receive upon such vesting the number and type of securities or other consideration which you would have received if such Shares had vested prior to the event changing the number or character of the outstanding Stock.
(b) All dividends and other distributions paid with respect to the Shares (whether in cash, property or shares of Stock) prior to the date or dates the Shares vest shall be held by the Company until payable or forfeited pursuant to this Section 8(b). Such dividends and other distributions shall be subject to the same restrictions on transferability and vesting as the Shares with respect to which they were paid and shall, to the extent vested, be paid, without interest, and less any applicable withholding taxes, when and to the extent the underlying Shares are vested and freed of restrictions. To the extent that the Shares are forfeited prior to vesting, the right to receive such dividends and other distributions shall also be forfeited.
Adjustments and Distributions. (a) Unless an Event of Default has occurred, Highland shall be entitled to receive for its own use ordinary cash distributions on the Collateral in an amount not to exceed the Excess Support Amount.
(b) If at any time there exists a Deficit Support Amount, then Highland shall promptly deposit cash or investment property (such cash or investment property to conform to the collateral guidelines set forth in the Confirmation) into the Account in an amount equal to such Deficit Support Amount.
Adjustments and Distributions. (a) If the Corporation shall, while this Warrant is outstanding and at any time on or before the second anniversary of the Commencement Date, issue or sell shares of its Common Stock or "Common Stock Equivalents” (as defined below) without consideration or at a price per share or “Net Consideration Per Share” (as defined below) less than the Warrant Price in effect immediately prior to such issuance or sale, then in each such case the Warrant Price then in effect at such time, except as hereinafter provided, shall be lowered to an amount equal to the consideration per share received by the Corporation in such issuance of Common Stock or Common Stock Equivalents.
Adjustments and Distributions
