Common use of Adjustments Cumulative Clause in Contracts

Adjustments Cumulative. The adjustments provided for in this Section 4.7 (in both the number of Common Shares and of securities to be received on an exercise of the Special Warrants) are cumulative, will, in the case of any adjustment to the Share Rate, be computed to the nearest one one-hundredth of a Common Share and will apply (without duplication) to successive subdivisions, consolidations, distributions, issues or other events resulting in any adjustment under the provisions of this Section 4.7, provided that, notwithstanding any other provision of this section, no adjustment of the Share Rate will be required (i) unless such adjustment would require an increase or decrease of at least 1% in the Share Rate then in effect (provided, however, that any adjustment which by reason of this Section 4.7(e) is not required to be made will be carried forward and taken into account in any subsequent adjustment), (ii) if, in respect of any event described in this Section 4.7 (other than the events referred to in clauses (A) and (B) of Section 4.7(b)(i) hereof and in Section 4.7(c) hereof), the holders of Special Warrants are entitled to participate in such event, or are entitled to participate within 45 days in a comparable event, on the same terms, with the necessary changes, as if the Special Warrants had been exercised prior to or on the effective date of or record date for such event, (iii) in respect of any Common Shares issuable or issued pursuant to any stock option or any stock option or stock purchase plan in force from time to time for directors, officers or employees of the Company or of Subsidiaries of the Company, or (iv) in respect of any Underlying Securities issuable or issued pursuant to the conversion of Special Warrants. After any adjustment pursuant to this Section 4.7, the term “Common Shares” where used in this Indenture will be interpreted to mean securities of any class or classes which, as a result of such adjustment and all prior adjustments pursuant to this Section, the Special Warrantholder is entitled to receive upon the exercise of its Special Warrant, and the number of Underlying Securities indicated by any exercise made pursuant to a Special Warrant will be interpreted to mean the number of Common Shares or other property or securities a Special Warrantholder is entitled to receive, as a result of such adjustment and all prior adjustments pursuant to this Section 4.7, upon the full exercise of a Special Warrant;

Appears in 2 contracts

Samples: Special Warrant Indenture (Ivanhoe Energy Inc), Special Warrant Indenture (Ivanhoe Energy Inc)

AutoNDA by SimpleDocs

Adjustments Cumulative. The adjustments provided for in this Section section 4.7 (in both the number of Common Shares and of securities to be received on an exercise of the Special Warrants) are cumulative, willshall, in the case of any adjustment to the Share Rate, be computed to the nearest one one-hundredth of a Common Share Unit and will apply (without duplication) to successive subdivisions, consolidations, distributions, issues or other events resulting in any adjustment under the provisions of this Section section 4.7, provided that, notwithstanding any other provision of this section, no adjustment of the Share Rate will be required (i) unless such adjustment would require an increase or decrease of at least 1% in the Share Rate then in effect (provided, however, that any adjustment which by reason of this Section subsection 4.7(e) is not required to be made will be carried forward and taken into account in any subsequent adjustment), (ii) if, in respect of any event described in this Section section 4.7 (other than the events referred to in clauses (A) and (B) of Section clause 4.7(b)(i) hereof and in Section subsection 4.7(c) hereof), the holders of Special Warrants are entitled to participate in such event, or are entitled to participate within 45 days in a comparable event, on the same terms, with the necessary changes, as if the Special Warrants had been exercised prior to or on the effective date of or record date for such event, (iii) in respect of any Common Shares issuable or issued pursuant to any stock option or any stock option or stock purchase plan in force from time to time for directors, officers or employees of the Company Corporation or of Subsidiaries of the CompanyCorporation, or (iv) in respect of any Underlying Securities Units issuable or issued pursuant to the conversion of Special Warrants. After any adjustment pursuant to this Section section 4.7, the term “Common Shares"Units” where used in this Indenture will shall be interpreted to mean securities of any class or classes which, as a result of such adjustment and all prior adjustments pursuant to this Section, the Special Warrantholder is entitled to receive upon the exercise of its Special Warrant, and the number of Underlying Securities Units indicated by any exercise made pursuant to a Special Warrant will shall be interpreted to mean the number of Common Shares Units or other property or securities a Special Warrantholder is entitled to receive, as a result of such adjustment and all prior adjustments pursuant to this Section 4.7Section, upon the full exercise of a Special Warrant;

Appears in 1 contract

Samples: Nord Resources (Nord Resources Corp)

Adjustments Cumulative. The adjustments provided for in this Section 4.7 (in both the number of Common Shares are cumulative and of securities to be received on an exercise of the Special Warrants) are cumulative, willshall, in the case of any adjustment to the Share RateExercise Price, be computed to the nearest one one-hundredth of a Common Warrant Share and will apply (without duplication) to successive subdivisions, consolidations, distributions, issues issuances or other events resulting in any adjustment under the provisions of this Section 4.7Section, provided that, notwithstanding any other provision of this sectionSection, no adjustment of the Share Rate Exercise Price will be made which would result in an increase in the Exercise Price (except in connection with an event set forth in subsection 4.8(b)(ii) hereof or subsection 4.8(e) hereof) and no adjustment of the Exercise Price will be required (i) unless such adjustment would require an increase or a decrease of at least 1% in the Share Rate Exercise Price then in effect (provided, however, that any adjustment which by reason of this Section 4.7(e) Subsection is not required to be made will be carried forward and taken into account in any subsequent adjustment), (ii) if, in respect of any event described in this Section 4.7 (other than the events referred to in clauses (ASubsection y4.8(b) and (B) of Section 4.7(b)(i) hereof and in Section 4.7(c) hereofSubsection y4.8(c)), the holders of Special Warrants are entitled to participate in such event, or are entitled to participate within 45 days in a comparable event, on the same terms, with the necessary changes, mutatis mutandis as if the Special Warrants had been exercised prior to or on the effective date of or record date for such event, (iii) in respect of any Common Shares issuable or issued pursuant to any stock option or any stock option or stock purchase plan in force from time to time for directors, officers or employees of the Company Corporation or of Subsidiaries a Subsidiary of the CompanyCorporation or pursuant to the Warrants, or (iv) in respect of any Underlying Securities issuable or Common Shares issued pursuant to the conversion of Special Warrants. After any adjustment pursuant to this Section 4.7, the term “Common Shares” where used in this Indenture will be interpreted to mean securities of any class or classes which, as a result of such adjustment and all prior adjustments pursuant to this Section, the Special Warrantholder is entitled to receive upon on the exercise of its Special Warrantany other stock options issued by the Corporation and outstanding on the date hereof, and or (v) in respect of the number issuance of Underlying Securities indicated by any exercise made pursuant to a Special Warrant will be interpreted to mean the number of Common Shares or other issued as consideration of the acquisition of mining rights, property or securities a Special Warrantholder is entitled to receive, as a result shares in the ordinary course of such adjustment and all prior adjustments pursuant to this Section 4.7, upon the full exercise of a Special Warrant;business.

Appears in 1 contract

Samples: Warrant Indenture (Adsero Corp)

AutoNDA by SimpleDocs

Adjustments Cumulative. The adjustments provided for in this Section 4.7 (in both the number of Common Shares and of securities to be received on an exercise of the Special Warrants) are cumulative, will, in the case of any adjustment to the Share Rate, be computed to the nearest one one-hundredth of a Common Share and will apply (without duplication) to successive subdivisions, consolidations, distributions, issues or other events resulting in any adjustment under the provisions of this Section 4.7, provided that, notwithstanding any other provision of this section, no adjustment of the Share Rate will be required (i) unless such adjustment would require an increase or decrease of at least 1% in the Share Rate then in effect (provided, however, that any adjustment which by reason of this Section 4.7(e) is not required to be made will be carried forward and taken into account in any subsequent adjustment), (ii) if, in respect of any event described in this Section 4.7 (other than the events referred to in clauses (A) and (B) of Section 4.7(b)(i) hereof and in Section 4.7(c) hereof), the holders of Special Warrants are entitled to participate in such event, or are entitled to participate within 45 days in a comparable event, on the same terms, with the necessary changes, as if the Special Warrants had been exercised prior to or on the effective date of or record date for such event, (iii) in respect of any Common Shares issuable or issued pursuant to any stock option or any stock option or stock purchase plan in force from time to time for directors, officers or employees of the Company Corporation or of Subsidiaries of the CompanyCorporation, or (iv) in respect of any Underlying Securities issuable or issued pursuant to the conversion of Special Warrants. After any adjustment pursuant to this Section 4.7, the term "Common Shares" where used in this Indenture will be interpreted to mean securities of any class or classes which, as a result of such adjustment and all prior adjustments pursuant to this Section, the Special Warrantholder is entitled to receive upon the exercise of its Special Warrant, and the number of Underlying Securities indicated by any exercise made pursuant to a Special Warrant will be interpreted to mean the number of Common Shares or other property or securities a Special Warrantholder is entitled to receive, as a result of such adjustment and all prior adjustments pursuant to this Section 4.7, upon the full exercise of a Special Warrant;

Appears in 1 contract

Samples: Special Warrant Indenture

Time is Money Join Law Insider Premium to draft better contracts faster.