Adjustments for Diluting Issuances. The number of shares of common stock issuable upon conversion of the Shares shall be subject to 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. The provisions set forth for the Class in the Company’s Certificate of Incorporation relating to the above in effect as of the Issue Date may not be amended, modified or waived, without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Class.
Appears in 18 contracts
Samples: Credit Agreement, Credit Agreement (Cardlytics, Inc.), Warrant Agreement (Yext, Inc.)
Adjustments for Diluting Issuances. The Warrant Price and the number of Shares issuable upon exercise of this Warrant, and the number of shares of common stock or other securities issuable upon conversion of the Shares Shares, shall be subject to 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. The provisions set forth for the Class Shares in the Company’s Certificate of Incorporation relating to the above in effect as of the Issue Date may not be amended, modified or waived, without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Classsame series and class as the Shares.
Appears in 11 contracts
Samples: Warrant Agreement (TELA Bio, Inc.), Warrant Agreement (TELA Bio, Inc.), Warrant Agreement (Catabasis Pharmaceuticals Inc)
Adjustments for Diluting Issuances. The number of shares of common stock or other securities issuable upon conversion of the Shares shall be subject to 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. The provisions set forth for the Class Shares in the Company’s Certificate of Incorporation relating to the above in effect as of the Issue Date may not be amended, modified or waived, without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the ClassShares.
Appears in 8 contracts
Samples: Warrant Agreement (Aziyo Biologics, Inc.), Warrant Agreement (Aziyo Biologics, Inc.), Warrant Agreement (Aziyo Biologics, Inc.)
Adjustments for Diluting Issuances. The number of shares of common stock Common Stock issuable upon conversion of the Shares shall be subject to 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. The provisions set forth for the Class in the Company’s Certificate of Incorporation relating to the above in effect as of the Issue Date may not be amended, modified or waived, without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Class.
Appears in 8 contracts
Samples: Warrant Agreement (Tetraphase Pharmaceuticals Inc), Warrant Agreement (Tetraphase Pharmaceuticals Inc), Warrant Agreement (Tetraphase Pharmaceuticals Inc)
Adjustments for Diluting Issuances. The number of shares of common stock issuable upon conversion of the Shares Shares, shall be subject to 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. The provisions set forth for the Class 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 consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Classsame series and class as the Shares granted to Holder.
Appears in 6 contracts
Samples: Warrant Agreement (Force10 Networks Inc), Warrant Agreement (Force10 Networks Inc), Warrant Agreement (Force10 Networks Inc)
Adjustments for Diluting Issuances. The Warrant Price and the number of Shares issuable upon exercise of this Warrant or, if the Shares are Preferred Stock, the number of shares of common stock issuable upon conversion of the Shares Shares, shall be subject to 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 adjustmentIncorporation. The provisions set forth for the Class Shares in the Company’s Certificate of Incorporation relating to the above in effect as of the Issue Date may not be amended, modified or waived, without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares Holder in the same manner as such amendment, modification or waiver affects the rights associated with they affect all other shares shareholders of the Classsame series of shares granted to the Holder.
Appears in 5 contracts
Samples: Warrant Agreement (Intralase Corp), Warrant Agreement (Intralase Corp), Warrant Agreement (Intralase Corp)
Adjustments for Diluting Issuances. The number of shares of common stock issuable upon conversion of the Shares shall be subject to 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. The provisions set forth for the Class Shares in the Company’s Certificate of Incorporation relating to the above in effect as of the Issue Date may not be amended, modified or waived, without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Classsame series and class as the Shares.
Appears in 4 contracts
Samples: Warrant Agreement (Zogenix, Inc.), Warrant Agreement (Zogenix, Inc.), Warrant Agreement (Zogenix, Inc.)
Adjustments for Diluting Issuances. The number of shares of common stock Common Stock issuable upon conversion of the Shares shall be subject to 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. The anti-dilution provisions set forth for the Class in the Company’s Certificate of Incorporation relating to the above in effect as of the Issue Date may not be amended, modified or waived, without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Class.
Appears in 3 contracts
Samples: Warrant Agreement (BG Medicine, Inc.), Warrant Agreement (BG Medicine, Inc.), Warrant Agreement (BG Medicine, Inc.)
Adjustments for Diluting Issuances. The number of shares of common stock issuable upon conversion of the Shares shall be subject to 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. The provisions set forth for the Class in the Company’s Certificate of Incorporation relating to the above in effect as of the Issue Date may not be amended, modified or waived, without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Class.
Appears in 3 contracts
Samples: Warrant Agreement (Channeladvisor Corp), Warrant Agreement (Channeladvisor Corp), Warrant Agreement (Exa Corp)
Adjustments for Diluting Issuances. The Warrant Price and the number of shares of common stock issuable upon conversion of the Shares Shares, shall be subject to 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. The provisions set forth for the Class Shares in the Company’s Certificate of Incorporation relating to the above in effect as of the Issue Date may not be amended, modified or waived, waived without the prior written consent of Holder unless such amendment, modification or waiver affects the rights granted to Holder associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Classsame series and class as the Shares.
Appears in 3 contracts
Samples: Warrant to Purchase Stock (Guidewire Software, Inc.), Warrant to Purchase Stock (Guidewire Software, Inc.), Warrant to Purchase Stock (Guidewire Software, Inc.)
Adjustments for Diluting Issuances. The number of shares of common stock issuable upon conversion of the Shares shall be subject to 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. The provisions set forth for the Class 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 consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Class.
Appears in 3 contracts
Samples: Warrant Agreement (Liquidia Technologies Inc), Warrant Agreement (Liquidia Technologies Inc), Warrant Agreement (Etsy Inc)
Adjustments for Diluting Issuances. The number of shares of common stock issuable upon conversion of the Shares shall be subject to 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. The provisions set forth for the Class in the Company’s Certificate of Incorporation Charter relating to the above in effect as of the Issue Date may not be amended, modified or waived, without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Class.
Appears in 3 contracts
Samples: Warrant Agreement (Yext, Inc.), Warrant Agreement (Yext, Inc.), Warrant Agreement (Borderfree, Inc.)
Adjustments for Diluting Issuances. The number of shares of common stock issuable upon conversion of the Shares shall be subject to 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. The provisions set forth for the Class in the Company’s Certificate of Incorporation relating to the above in effect as of the Issue Date may not be amended, modified or waived, without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Class.
Appears in 2 contracts
Samples: Warrant Agreement (Tranzyme Inc), Warrant Agreement (Tranzyme Inc)
Adjustments for Diluting Issuances. The Warrant Price and the number of shares of common stock Shares issuable upon conversion exercise of the Shares this Warrant shall be subject to 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. The provisions set forth for the Class 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 consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Classsame series and class as the Shares granted to Holder.
Appears in 2 contracts
Samples: Warrant Agreement (St. Bernard Software, Inc.), Warrant Agreement (St. Bernard Software, Inc.)
Adjustments for Diluting Issuances. The Warrant Price and the number of shares of common stock issuable upon conversion of the Shares shall be subject to adjustment, from time to time in the manner set forth in the Company’s '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. The provisions set forth for the Class Shares in the Company’s '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 consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Classsame series and class as the Shares granted to the Holder.
Appears in 2 contracts
Samples: Warrant Agreement (A123 Systems Inc), Warrant Agreement (A123 Systems Inc)
Adjustments for Diluting Issuances. The Warrant Price and the number of shares of common stock Shares issuable upon conversion exercise of the Shares this Warrant shall be subject to 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. The provisions set forth for the Class Shares in the Company’s Certificate of Incorporation relating to the above in effect as of the Issue Date may not be amended, modified or waived, without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Classsame series and class as the Shares granted to the Holder.
Appears in 2 contracts
Samples: Loan and Security Agreement (North American Scientific Inc), Warrant Agreement (Occam Networks Inc/De)
Adjustments for Diluting Issuances. The Warrant Price and the number of shares of common stock Shares issuable upon conversion exercise of the Shares this Warrant shall be subject to 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. The provisions set forth for the Class Shares in the Company’s Certificate of Incorporation relating to the above in effect as of the Issue Date may not be amended, modified or waived, without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Classsame series and class as the Shares granted to Holder.
Appears in 2 contracts
Samples: Warrant Agreement (GigOptix, Inc.), Warrant Agreement (GigOptix, Inc.)
Adjustments for Diluting Issuances. The number of shares of common stock issuable upon conversion of the Shares shall be subject to 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. The provisions set forth for the Class 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 consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Class.
Appears in 2 contracts
Samples: Warrant Agreement (Tremor Video Inc.), Warrant Agreement (Tremor Video Inc.)
Adjustments for Diluting Issuances. The Warrant Price and the number of shares of common stock Shares issuable upon conversion exercise of the Shares this Warrant shall be subject to adjustment, from time to time in the manner (but without duplication with any provisions) 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. The provisions set forth for the Class Shares in the Company’s Certificate of Incorporation relating to the above in effect as of the Issue Date may not be amended, modified or waived, without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Classsame series and class as the Shares granted to the Holder.
Appears in 1 contract
Adjustments for Diluting Issuances. The number of shares of common stock Common Stock issuable upon conversion of the Shares Shares, shall be subject to 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. The provisions set forth for the Class Shares in the Company’s 's Certificate of Incorporation relating to the above in effect as of the Issue Date may not be amended, modified or waived, without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Classsame series and class as the Shares granted to the Holder.
Appears in 1 contract
Adjustments for Diluting Issuances. The number of shares of common stock issuable upon conversion of the Shares shall be subject to 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. The provisions set forth for the Class 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 consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Classsame series and class as the Shares granted to the Holder.
Appears in 1 contract
Samples: Warrant Agreement (Surgiquest Inc)
Adjustments for Diluting Issuances. The number of shares of common stock issuable upon conversion of the Shares Shares, shall be subject to 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. The provisions set forth for the Class Shares in the Company’s Certificate of Incorporation relating to the above in effect as of the Issue Date may not be amended, modified or waived, without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Classsame series and class as the Shares granted to the Holder.
Appears in 1 contract
Samples: Loan and Security Agreement (Netlogic Microsystems Inc)
Adjustments for Diluting Issuances. The Warrant Price and the number of shares of common stock Shares issuable upon conversion exercise of the Shares this Warrant shall be subject to adjustment, from time to time in the manner set forth in the Company’s Certificate Articles of Incorporation Organization or Operating Agreement as if the Shares were issued and outstanding on and as of the date of any such required adjustment. The provisions set forth for the Class Shares in the Company’s Certificate of Incorporation Articles or Operating Agreement relating to the above in effect as of the Issue Date may not be amended, modified or waived, without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Classsame series and class as the Shares granted to Holder.
Appears in 1 contract
Samples: Warrant Agreement (GigOptix, Inc.)
Adjustments for Diluting Issuances. The Warrant Price and the number of shares of common stock Shares issuable upon conversion exercise of the Shares this Warrant shall be subject to 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. The provisions set forth for the Class Shares in the Company’s 's Certificate of Incorporation relating to the above in effect as of the Issue Date may not be amended, modified or waived, without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Classsame series and class as the Shares granted to the Holder.
Appears in 1 contract
Samples: Warrant Agreement (I Flow Corp /De/)
Adjustments for Diluting Issuances. The Warrant Price and the number of shares of common stock issuable upon conversion of the Shares shall be subject to adjustment, from time to time in the manner set forth in the Company’s '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. The provisions set forth for the Class Shares, in the Company’s '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 consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Classsame series and class as the Shares granted to the Holder.
Appears in 1 contract
Samples: Warrant Agreement (A123 Systems Inc)
Adjustments for Diluting Issuances. The number of shares of common stock issuable upon conversion of the Shares Shares, shall be subject to 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. The provisions set forth for the Class Shares in the Company’s Certificate of Incorporation relating to the above in effect as of the Issue Date may not be amended, modified or waived, without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Classsame series and class as the Shares granted to Holder.
Appears in 1 contract
Samples: Warrant Agreement (Ceres, Inc.)
Adjustments for Diluting Issuances. The number of shares of common stock issuable upon conversion of the Shares shall be subject to 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. The provisions set forth for the Class Shares in the Company’s Certificate of Incorporation relating to the above in effect as of the Issue Date may not be amended, modified or waived, without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Classsame series and class as the Shares granted to Holder.
Appears in 1 contract
Adjustments for Diluting Issuances. The Warrant Price and the number of shares of common stock issuable upon conversion of the Shares Shares, shall be subject to 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. The provisions set forth for the Class Shares in the Company’s Certificate of Incorporation relating to the above in effect as of the Issue Date date hereof may not be amended, modified or waived, without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Classsame series as the Shares granted to the Holder.
Appears in 1 contract
Samples: Warrant Agreement (Neothetics, Inc.)
Adjustments for Diluting Issuances. The Without duplication of any adjustment otherwise made pursuant to this Article 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to 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. The provisions set forth for the Class in the Company’s Certificate of Incorporation relating to the above in effect as of the Issue Date may not be amended, modified or waived, without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of the Class.
Appears in 1 contract
Adjustments for Diluting Issuances. The For as long as the Shares are preferred stock, the number of shares of common stock issuable upon conversion of the Shares Shares, shall be subject to 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. The provisions set forth for the Class Shares in the Company’s Certificate of Incorporation relating to the above in effect as of the Issue Date may not be amended, modified or waived, without the prior written consent of Holder unless such amendment, modification or waiver affects the rights associated with the Shares in the same manner as such amendment, modification or waiver affects the rights associated with all other shares of Series C Preferred Stock (or Qualified Financing Stock if the ClassShares hereunder are exercisable for Qualified Financing Stock).
Appears in 1 contract