Common use of Adjustments for Diluting Issuances Clause in Contracts

Adjustments for Diluting Issuances. The other antidilution rights applicable to the Preferred Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate of Incorporation, as amended from time to time (the “Articles”), a true and complete copy in its current form which is attached hereto as Exhibit A. Such rights shall not be restated, amended or modified in any manner which affects the Holder differently than the holders of Preferred Stock without such Holder’s prior written consent. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the Articles promptly after the same has been made.

Appears in 10 contracts

Samples: Loan Agreement (Kior Inc), Loan and Security Agreement (Kior Inc), Preferred Stock Purchase Warrant (Gevo, Inc.)

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Adjustments for Diluting Issuances. The other antidilution rights applicable to the Series D Preferred Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate Articles of Incorporation, as amended from time to time (the “Articles”), a true and complete copy in its current form which is attached hereto as Exhibit A. has been made available to Holder. Such rights shall not be restated, amended or modified in any manner which affects the Holder differently than the holders of outstanding Series D Preferred Stock without such Holder’s prior written consent. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the Articles promptly after the same has been made.

Appears in 6 contracts

Samples: Loan and Security Agreement (Fluidigm Corp), Loan and Security Agreement (Fluidigm Corp), Loan and Security Agreement (Fluidigm Corp)

Adjustments for Diluting Issuances. The other antidilution rights applicable to the Preferred Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate Articles of Incorporation, as amended from time to time (the “ArticlesCertificate”), a true and complete copy in its current form which is attached hereto as Exhibit A. Such rights shall not be restated, amended or modified in any manner which adversely affects the Holder differently than the holders of Preferred Stock without such Holder’s prior written consent. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the Articles Certificate promptly after the same has been made.

Appears in 4 contracts

Samples: Preferred Stock Purchase Warrant (ARYx Therapeutics, Inc.), Preferred Stock Purchase Warrant (ARYx Therapeutics, Inc.), Loan and Security Agreement (ARYx Therapeutics, Inc.)

Adjustments for Diluting Issuances. The other antidilution rights applicable to the Preferred Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate of Incorporation, as amended from time to time (the "Articles"), a true and complete copy in its current form which is attached hereto as Exhibit A. A . Such rights shall not be restated, amended or modified in any manner which affects the Holder differently than the holders of Preferred Stock without such Holder’s 's prior written consent. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the anti-dilution rights in such Articles promptly after the same has been made.

Appears in 3 contracts

Samples: Loan and Security Agreement (Anacor Pharmaceuticals Inc), Preferred Stock Purchase Warrant (Anacor Pharmaceuticals Inc), Preferred Stock Purchase Warrant (Anacor Pharmaceuticals Inc)

Adjustments for Diluting Issuances. The other antidilution rights applicable to the Preferred Stock and the Class A Common Stock of the Company are set forth in the Amended and Restated Certificate of Incorporation, as amended from time to time (the “Articles”), a true and complete copy in its current form which is attached hereto as Exhibit A. Such rights shall not be restated, amended or modified in any manner which affects the Holder differently than the holders of Preferred Stock without such Holder’s prior written consent. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the Articles promptly after the same has been made.

Appears in 3 contracts

Samples: Preferred Stock Purchase Warrant (Kior Inc), Preferred Stock Purchase Warrant (Kior Inc), Preferred Stock Purchase Warrant (Kior Inc)

Adjustments for Diluting Issuances. The other antidilution rights applicable to the Preferred Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate of Incorporation, as amended from time to time (the "Articles"), a true and complete copy in its current form which is attached hereto as Exhibit A. Such rights shall not be restated, amended or modified in any manner which affects the Holder differently than the holders of Preferred Stock without such Holder’s 's prior written consent. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the Articles promptly after the same has been made.

Appears in 3 contracts

Samples: Loan and Security Agreement (Anacor Pharmaceuticals Inc), Preferred Stock Purchase Warrant (Anacor Pharmaceuticals Inc), Preferred Stock Purchase Warrant (Anacor Pharmaceuticals Inc)

Adjustments for Diluting Issuances. The other antidilution rights applicable to the Preferred Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate of Incorporation, as amended from time to time (the "Articles"), a true and complete copy in its current form which is attached hereto as Exhibit EXHIBIT A. Such rights shall not be restated, amended or modified in any manner which affects effects the Holder differently than the holders of Series B Preferred Stock without such Holder’s 's prior written consent. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the Articles promptly after the same has been made.

Appears in 2 contracts

Samples: Warrant Agreement (Rigel Pharmaceuticals Inc), Preferred Stock Purchase Warrant (Rigel Pharmaceuticals Inc)

Adjustments for Diluting Issuances. The other antidilution rights applicable to the Preferred Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate of Incorporation, as amended from time to time (the "Articles"), a true and complete copy in its current form which is attached hereto as Exhibit EXHIBIT A. Such rights shall not be restated, amended or modified in any manner which affects effects the Holder differently than the holders of Series C Preferred Stock without such Holder’s 's prior written consent. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the Articles promptly after the same has been made.

Appears in 2 contracts

Samples: Preferred Stock Purchase Warrant (Rigel Pharmaceuticals Inc), Preferred Stock Purchase Warrant (Rigel Pharmaceuticals Inc)

Adjustments for Diluting Issuances. The other antidilution rights applicable to the Preferred Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate of Incorporation, as amended from time to time (the “Articles”), a true and complete copy in its current form which is attached hereto as Exhibit A. Such rights shall not be restated, amended or modified in any manner which affects the Holder differently than the holders of Preferred Stock without such Holder’s prior written consent. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the Articles promptly after the same has been made.

Appears in 2 contracts

Samples: Preferred Stock Purchase Warrant (On Deck Capital Inc), Preferred Stock Purchase Warrant (On Deck Capital Inc)

Adjustments for Diluting Issuances. The other antidilution rights applicable to the Series E Preferred Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate of Incorporation, as amended from time to time (the “Articles”), a true and complete copy in its current form which is attached hereto as Exhibit A. has been made available to Holder. Such rights shall not be restated, amended or modified in any manner which affects the Holder differently than the holders of outstanding Series E Preferred Stock without such Holder’s prior written consent. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the Articles promptly after the same has been made.

Appears in 2 contracts

Samples: Loan and Security Agreement (Fluidigm Corp), Loan and Security Agreement (Fluidigm Corp)

Adjustments for Diluting Issuances. The other antidilution rights applicable to the Preferred Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate of Amendment to Certificate of Incorporation, as amended from time to time (the “Articles”), a true and complete copy in its current form which is attached hereto as Exhibit A. Such rights shall not be restated, amended or modified in any manner which affects the Holder differently than the holders of Preferred Stock without such Holder’s prior written consent. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the Articles promptly after the same has been made.

Appears in 2 contracts

Samples: Preferred Stock Purchase Warrant (Care.com Inc), Preferred Stock Purchase Warrant (Care.com Inc)

Adjustments for Diluting Issuances. The other antidilution rights applicable to the Preferred Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate of Incorporation, as amended from time to time (the “Articles”), a true and complete copy in its current form which is attached hereto as Exhibit A. Such rights shall not be restated, amended or modified in any manner which affects the Holder adversely and differently than the holders of Preferred Stock without such Holder’s prior written consent. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the Articles promptly after the same has been made.

Appears in 2 contracts

Samples: Preferred Stock Purchase Warrant (Genocea Biosciences, Inc.), Preferred Stock Purchase Warrant (Genocea Biosciences, Inc.)

Adjustments for Diluting Issuances. The other antidilution rights applicable to the Preferred Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate Articles of Incorporation, as amended from time to time (the “Articles”), a true and complete copy in its current form which is attached hereto as Exhibit A. Such rights shall not be restated, amended or modified in any manner which affects the Holder differently than the holders of Preferred Stock without such Holder’s prior written consent. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the Articles promptly after the same has been made.

Appears in 2 contracts

Samples: Loan Agreement (Invuity, Inc.), Preferred Stock Purchase Warrant (Invuity, Inc.)

Adjustments for Diluting Issuances. The other antidilution rights applicable to the Preferred Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate of Incorporation, as amended from time to time (the "Articles"), a true and complete copy in its current form which is attached hereto as Exhibit A. Such rights shall not be restated, amended or modified in any manner which affects effects the Holder differently than the holders of Series A Preferred Stock without such Holder’s 's prior written consent. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the Articles promptly after the same has been made.

Appears in 1 contract

Samples: Preferred Stock Purchase Warrant (Foundry Networks Inc)

Adjustments for Diluting Issuances. The other antidilution rights applicable to the Preferred Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate of Incorporation, as amended from time to time (the “Articles”), a true and complete copy in its current form which is attached hereto as Exhibit A. Such rights shall not be restated, amended or modified in any manner which affects the Holder differently than the holders of Series C-l Preferred Stock without such Holder’s prior written consent. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the Articles promptly after the same has been made.

Appears in 1 contract

Samples: Loan and Security Agreement (Hemosense Inc)

Adjustments for Diluting Issuances. The other antidilution rights applicable to the Preferred Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate of Incorporation, as amended from time to time (the “Articles”), a true and complete copy in its current form which is attached hereto as Exhibit A. Such rights shall not be restated, amended or modified in any manner which affects the Holder differently than the holders of Series C-1 Preferred Stock without such Holder’s prior written consent. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the Articles promptly after the same has been made.

Appears in 1 contract

Samples: Loan and Security Agreement (Hemosense Inc)

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Adjustments for Diluting Issuances. The other antidilution rights applicable to the Preferred Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate Articles of Incorporation, as amended from time to time (the "Articles"), a true and complete copy in its current form which is attached hereto as Exhibit A. Such rights shall not be restated, amended or modified in any manner which affects the Holder differently than the holders of Series D Preferred Stock without such Holder’s 's prior written consent. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the Articles promptly after the same has been made.

Appears in 1 contract

Samples: Warrant Agreement (Plumtree Software Inc)

Adjustments for Diluting Issuances. The other antidilution rights applicable to the Preferred Common Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate of Incorporation, as amended from time to time (the “Articles”), a true and complete copy in its current form which is attached hereto as Exhibit A. Such rights shall not be restated, amended or modified in any manner which affects the Holder differently than the holders of Preferred Common Stock without such Holder’s prior written consent. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the anti-dilution rights in such Articles promptly after the same has been made.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Anacor Pharmaceuticals, Inc.)

Adjustments for Diluting Issuances. The other antidilution rights applicable to the Preferred Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate of Incorporation, as amended from time to time (the “Articles”"ARTICLES"), a true and complete copy in its current form which is attached hereto as Exhibit EXHIBIT A. Such rights shall not be restated, amended or modified in any manner which affects the Holder differently than the holders of Series E-1 Preferred Stock without such Holder’s 's prior written consent. consent The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the Articles promptly after the same has been made.

Appears in 1 contract

Samples: Preferred Stock Purchase Warrant (NeuroMetrix, Inc.)

Adjustments for Diluting Issuances. The other antidilution rights applicable to the Preferred Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate Articles of Incorporation, as amended from time to time (the “Articles”), a true and complete copy in its current form which is attached hereto as Exhibit A. Such rights shall not be restated, amended or modified in any manner which affects the Holder differently than the holders of Preferred Stock without such Holder’s prior written consent. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the Articles promptly after the same has been made.

Appears in 1 contract

Samples: Preferred Stock Purchase Warrant (Invuity, Inc.)

Adjustments for Diluting Issuances. The other antidilution rights applicable to the Preferred Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate Articles of Incorporation, as amended from time to time (the "Articles"), a true and complete copy in its current form which is attached hereto as Exhibit EXHIBIT A. Such rights shall not be restated, amended or modified in any material manner which affects the Holder differently than the holders of the Preferred Stock without such Holder’s 's prior written consent, which shall not be unreasonably withheld. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the Articles promptly after the same has been made.

Appears in 1 contract

Samples: Warrant Agreement (Microsoft Corp)

Adjustments for Diluting Issuances. The other antidilution rights applicable to the Preferred Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate Articles of Incorporation, as amended from time to time (the "Articles"), a true and complete copy in its current form which is attached hereto as Exhibit A. Such rights shall not be restated, amended or modified in any manner which affects effects the Holder differently than the holders of Series A Preferred Stock without such Holder’s 's prior written consent. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the Articles promptly after the same has been made.

Appears in 1 contract

Samples: Preferred Stock Purchase Warrant (Plumtree Software Inc)

Adjustments for Diluting Issuances. The other antidilution rights applicable to the Preferred Common Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate of Incorporation, as amended from time to time (the “Articles”), a true and complete copy in its current form which is attached hereto as Exhibit A. . Such rights shall not be restated, amended or modified in any manner which affects the Holder differently than the holders of Preferred Common Stock without such Holder’s prior written consent. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the anti-dilution rights in such Articles promptly after the same has been made.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Anacor Pharmaceuticals, Inc.)

Adjustments for Diluting Issuances. The other antidilution rights applicable to the Preferred Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate Articles of Incorporation, as amended from time to time (the "Articles"), a true and complete copy in its current form which is attached hereto as Exhibit A. Such rights shall not be restated, amended or modified in any manner which affects the Holder differently than the holders of Preferred Common Stock without such Holder’s 's prior written consent. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the Articles promptly after the same has been made.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Plumtree Software Inc)

Adjustments for Diluting Issuances. The other antidilution rights applicable to the Preferred Stock and the Common Stock of the Company are set forth in the Amended and Restated Certificate of Incorporation, as amended from time to time (the "Articles"), a true and complete copy in its current form which is attached hereto as Exhibit A. . Such rights shall not be restated, amended or modified in any manner which affects the Holder differently than the holders of Preferred Stock without such Holder’s 's prior written consent. The Company shall promptly provide the Holder hereof with any restatement, amendment or modification to the anti-dilution rights in such Articles promptly after the same has been made.

Appears in 1 contract

Samples: Preferred Stock Purchase Warrant (Anacor Pharmaceuticals Inc)

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