Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 108 contracts
Samples: Warrant Agreement (EBR Systems, Inc.), Warrant Agreement (Amprius Technologies, Inc.), Warrant Agreement (Camp4 Therapeutics Corp)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Articles or Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 92 contracts
Samples: Loan and Security Agreement (Contineum Therapeutics, Inc.), Warrant Agreement (Contineum Therapeutics, Inc.), Warrant Agreement (Aemetis, Inc)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the The number of shares of common stock issuable upon conversion of the Shares Shares, shall be subject to anti-dilution adjustment adjustment, from time to time in the manner set forth in the Company’s Certificate of Incorporation as if with respect to issuance of securities for a price lower than certain prices specified in the Shares were issued and outstanding on and as Certificate of the date of any such required adjustmentIncorporation.
Appears in 10 contracts
Samples: Convertible Promissory Note and Warrant Purchase Agreement (VG Life Sciences Inc.), Convertible Promissory Note and Warrant Purchase Agreement (VG Life Sciences Inc.), Convertible Promissory Note and Warrant Purchase Agreement (VG Life Sciences Inc.)
Adjustments for Diluting Issuances. Without duplication of Except as would duplicate any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 8 contracts
Samples: Warrant Agreement (Constellation Pharmaceuticals Inc), Warrant Agreement (Constellation Pharmaceuticals Inc), Warrant Agreement (Constellation Pharmaceuticals Inc)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate of Incorporation Charter as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 7 contracts
Samples: Loan and Security Agreement (Relypsa Inc), Warrant Agreement (HTG Molecular Diagnostics, Inc), Warrant Agreement (HTG Molecular Diagnostics, Inc)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner manner, if any, then set forth in the Company’s Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 6 contracts
Samples: Warrant Agreement (Vitae Pharmaceuticals, Inc), Warrant Agreement (Vitae Pharmaceuticals, Inc), Warrant Agreement (Vitae Pharmaceuticals, Inc)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, for so long as this Warrant is exercisable for shares of Preferred Stock, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Articles or Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 6 contracts
Samples: Warrant Agreement (Venus Concept Inc.), Warrant Agreement (Restoration Robotics Inc), Warrant Agreement (Restoration Robotics Inc)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section Article 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment adjustment; from time to time in the manner set forth in the Company’s Certificate of Incorporation (as amended from time to time) as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 5 contracts
Samples: Warrant Agreement (iRhythm Technologies, Inc.), Warrant Agreement (iRhythm Technologies, Inc.), Warrant Agreement (iRhythm Technologies, Inc.)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 5 contracts
Samples: Warrant Agreement (ThredUp Inc.), Warrant Agreement (ThredUp Inc.), Warrant Agreement (aTYR PHARMA INC)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in made pursuant to this Section Article 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.required
Appears in 4 contracts
Samples: Warrant Agreement (Clarus Therapeutics Inc), Warrant Agreement (Clarus Therapeutics Inc), Warrant Agreement (Clarus Therapeutics Inc)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment applicable to the Class from time to time in the manner set forth in the Company’s Certificate of Incorporation Restated Certificate, as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 4 contracts
Samples: Warrant Agreement (Poseida Therapeutics, Inc.), Warrant Agreement (Poseida Therapeutics, Inc.), Warrant Agreement (Poseida Therapeutics, Inc.)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of ordinary shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate Memorandum and Articles of Incorporation Association as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 4 contracts
Samples: Warrant Agreement (Lombard Medical, Inc.), Warrant Agreement (Lombard Medical, Inc.), Warrant Agreement (Lombard Medical, Inc.)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s 's Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 3 contracts
Samples: Warrant Agreement (CVRx, Inc.), Warrant Agreement (CVRx, Inc.), Consulting Agreement (Safe Lane Systems, Inc.)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate of Incorporation Charter as if the Shares were issued and outstanding on and as of the date of any such required adjustmentadjustment (and subject to waiver by the required holders of the outstanding shares of the Class in accordance with the Charter).
Appears in 3 contracts
Samples: Warrant Agreement (908 Devices Inc.), Warrant Agreement (908 Devices Inc.), Warrant Agreement (908 Devices Inc.)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 3 contracts
Samples: Loan and Security Agreement (Kala Pharmaceuticals, Inc.), Loan and Security Agreement (Kala Pharmaceuticals, Inc.), Loan and Security Agreement (Kala Pharmaceuticals, Inc.)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section Article 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 3 contracts
Samples: Warrant Agreement (1Life Healthcare Inc), Warrant Agreement (1Life Healthcare Inc), Warrant Agreement (eASIC Corp)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section Article 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment adjustment, from time to time in the manner set forth in the Company’s Certificate of Incorporation (as amended from time to time) as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 3 contracts
Samples: Warrant Agreement (iRhythm Technologies, Inc.), Warrant Agreement (iRhythm Technologies, Inc.), Warrant Agreement (iRhythm Technologies, Inc.)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in accordance with the manner set forth in the Company’s Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 3 contracts
Samples: Warrant Agreement (Kaleido Biosciences, Inc.), Warrant Agreement (Kaleido Biosciences, Inc.), Warrant Agreement (Evelo Biosciences, Inc.)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Articles or Restated Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 3 contracts
Samples: Warrant Agreement (Sumo Logic, Inc.), Warrant Agreement (Sumo Logic, Inc.), Warrant Agreement (Sumo Logic, Inc.)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.Articles or
Appears in 2 contracts
Samples: Warrant Agreement (Root, Inc.), Warrant Agreement (Root Stockholdings, Inc.)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment applicable to the Class from time to time in the manner set forth in the Company’s Certificate of Incorporation Incorporation, as amended and/or restated from time to time, as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 2 contracts
Samples: Warrant Agreement (Poseida Therapeutics, Inc.), Warrant Agreement (Poseida Therapeutics, Inc.)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate of Incorporation (including giving effect to any waiver of such required adjustment effected in accordance with the terms of the Certificate of Incorporation) as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 2 contracts
Samples: Warrant Agreement (Sigilon Therapeutics, Inc.), Warrant Agreement (Sigilon Therapeutics, Inc.)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of ordinary shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate of Incorporation Constitution as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 2 contracts
Samples: Warrant Agreement (Iterum Therapeutics PLC), Warrant Agreement (Iterum Therapeutics PLC)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the The number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment adjustment, from time to time in the manner set forth in the Company’s Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 2 contracts
Samples: Warrant Agreement (Airxpanders Inc), Warrant Agreement (Airxpanders Inc)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Restated Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 2 contracts
Samples: Warrant Agreement (Blueprint Medicines Corp), Warrant Agreement (Blueprint Medicines Corp)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Articles or Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustmentadjustment and to the extent applicable to other outstanding shares of the Class.
Appears in 2 contracts
Samples: Warrant Agreement (Infinity Oil & Gas Co), Warrant Agreement (Infinity Oil & Gas Co)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 23, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate of Incorporation Incorporation, as amended and in effect from time to time, as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 2 contracts
Samples: Warrant Agreement (Impel Neuropharma Inc), Warrant Agreement (Impel Neuropharma Inc)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the The number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment adjustment, from time to time in the manner set forth in the Company’s Articles or Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.adjustment The provisions set forth for the Shares in the Company’s Articles or Certificate (as applicable) of Incorporation relating to the above in effect as of the Issue Date may not be amended, modified or waived, without the prior written
Appears in 2 contracts
Samples: Warrant Agreement (Tremor Video Inc.), Warrant Agreement (Tremor Video Inc.)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner for such securities as set forth in the Company’s Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 2 contracts
Samples: Warrant Agreement (Nalu Medical, Inc.), Warrant Agreement (Nalu Medical, Inc.)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock Common Stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 2 contracts
Samples: Warrant Agreement (Fitbit Inc), Warrant Agreement (Fitbit Inc)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock Common Stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Third Amended and Restated Certificate of Incorporation Incorporation, as further amended or amended and restated from time to time (the “Certificate of Incorporation”), as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 2 contracts
Samples: Warrant Agreement (Metacrine, Inc.), Warrant Agreement (Metacrine, Inc.)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock Common Stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner as may be set forth in the Company’s Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 2 contracts
Samples: Warrant Agreement (Leo Holdings III Corp.), Warrant Agreement (Local Bounti Corporation/De)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the The number of shares of common stock issuable upon conversion of the Shares Shares, shall be subject to anti-dilution adjustment adjustment, from time to time in the manner set forth in the Company’s Articles or Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 2 contracts
Samples: Warrant Agreement (Apptio Inc), Warrant Agreement (Apptio Inc)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate certificate of Incorporation incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 1 contract
Samples: Warrant Agreement (Five9, Inc.)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion the exercise of the Shares this Warrant shall be subject to any anti-dilution adjustment generally applicable to the Class from time to time in the manner set forth in the Company’s Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 1 contract
Samples: Warrant Agreement (Mabvax Therapeutics Holdings, Inc.)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Articles or Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment, if any.
Appears in 1 contract
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate of Incorporation (including giving effect to any waiver of such required adjustment effected in accordance with the terms of the Certificate of Incorporation) as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 1 contract
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment applicable to the Class from time to time in the manner set forth in the Company’s Restated Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 1 contract
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 1 contract
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate of Incorporation (as then in effect) as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 1 contract
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate of Incorporation COI as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 1 contract
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate of Incorporation Incorporation, as then in effect, as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 1 contract
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment. For the avoidance of doubt, any waiver by the requisite percentage of holders of capital stock of the Company with respect to any such anti-dilution provisions pursuant to the Certificate of Incorporation shall also apply to Holder.
Appears in 1 contract
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate of Incorporation Incorporation, as amended and/or restated and in effect from time to time (the “Charter”) as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 1 contract
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Amended and Restated Certificate of Incorporation as in effect on the Issue Date, as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 1 contract
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to the same anti-dilution adjustment adjustments, if any, made to the outstanding shares of the Class from time to time in the manner set forth in the Company’s Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 1 contract
Samples: Warrant Agreement (AVROBIO, Inc.)
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment applicable to the Class from time to time in the manner set forth in the Company’s Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 1 contract
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 1 contract
Adjustments for Diluting Issuances. Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate Articles of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.
Appears in 1 contract
Samples: Warrant Agreement (Invuity, Inc.)