Adjustments for Dividends in Stock or Other Securities or Property. If while the Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under the Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section.
Appears in 6 contracts
Samples: Warrant Agreement (Jones Media Networks LTD), Warrant Agreement (Jones Media Networks LTD), Warrant Agreement (Jones Media Networks LTD)
Adjustments for Dividends in Stock or Other Securities or Property. If while the Warrant, or any portion hereof, remains Warrants remain outstanding and unexpired, the holders of the securities as to which purchase rights under the Warrant Warrants exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the Warrant Warrants shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the WarrantWarrants, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the Warrant Warrants (or upon such conversion) on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend.
Appears in 6 contracts
Samples: Warrant Agreement (Thorn Tree Resources L L C), Warrant Agreement (Thorn Tree Resources L L C), Warrant Agreement (Thorn Tree Resources L L C)
Adjustments for Dividends in Stock or Other Securities or Property. If If, while the this Warrant, or any portion hereof, remains outstanding and unexpiredun-expired, the holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividenddividend or otherwise, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon the exercise of the this Warrant, and without payment of any additional consideration thereforthereof, the amount of such other or additional stock of or other securities or property (other than cash) as aforesaid of the Company that which such holder Holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 9. Any adjustment under this Section 9.3 shall become effective as of the record date of such dividend, or in the event that no record date is fixed, upon the making of such dividend.
Appears in 6 contracts
Samples: Warrant Agreement (Pluristem Life Systems Inc), Pluristem Life Systems Inc, Pluristem Life Systems Inc
Adjustments for Dividends in Stock or Other Securities or Property. If while the this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersStockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 11.
Appears in 6 contracts
Samples: Miktam Technologies Americas Inc., Egain Communications Corp, Egain Communications Corp
Adjustments for Dividends in Stock or Other Securities or Property. If while the this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefortherefore, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares Shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefortherefore, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 10.
Appears in 4 contracts
Samples: Intellectual Property Rights Agreement (Ceres, Inc.), Intellectual Property Rights Agreement (Ceres, Inc.), Ceres, Inc.
Adjustments for Dividends in Stock or Other Securities or Property. If If, while the this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon the exercise of the this Warrant, and without payment of any additional consideration thereforthereof, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 8. The Company agrees that so long as any portion of this Warrant remains outstanding, it shall not pay any cash dividends on any securities as to which purchase rights under this Warrant exist at the time without providing at least ten days prior written notice of the record date of such dividend.
Appears in 4 contracts
Samples: Bleach Group, Inc., WebXU, Inc., WebXU, Inc.
Adjustments for Dividends in Stock or Other Securities or Property. If while the this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Sectionperiod.
Appears in 3 contracts
Samples: Separation Agreement (Hemacare Corp /Ca/), Hemacare Corp /Ca/, Hemacare Corp /Ca/
Adjustments for Dividends in Stock or Other Securities or Property. If while the Warrantthis Warrant Agreement, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under the this Warrant Agreement exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant Agreement shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantthis Warrant Agreement and, and in addition, without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant Agreement on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock or other securities or property (other than cash) available by or to it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 5.
Appears in 3 contracts
Samples: Warrant Agreement Class H (Discovery Laboratories Inc /De/), Warrant Agreement (Discovery Laboratories Inc /De/), Warrant Agreement (Kos Pharmaceuticals Inc)
Adjustments for Dividends in Stock or Other Securities or Property. If while the this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, or on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefortherefore, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each such case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments adjustment called for during such period by the provisions of this SectionSection 6.
Appears in 3 contracts
Samples: Convertible Preferred Stock (Mark Capital LLC), Convertible Preferred Stock (Mark Capital LLC), Goldman Sachs Group Inc/
Adjustments for Dividends in Stock or Other Securities or Property. If while the this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than including cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares Shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than including cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 10.
Appears in 3 contracts
Samples: Convertible Note Purchase Agreement (Ceres, Inc.), Convertible Note Purchase Agreement (Ceres, Inc.), Ceres, Inc.
Adjustments for Dividends in Stock or Other Securities or Property. If while the this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 10.
Appears in 3 contracts
Samples: Borderfree, Inc., Borderfree, Inc., Denali Concrete Management Inc
Adjustments for Dividends in Stock or Other Securities or Property. If while the this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof of such distribution or such record date and had thereafter, during the period from the date hereof of such distribution or such record date to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 12.
Appears in 2 contracts
Samples: Manufacturing Agreement (Com21 Inc), Agreement (Com21 Inc)
Adjustments for Dividends in Stock or Other Securities or Property. If while the this Warrant, or any portion hereof, remains outstanding and unexpired, the then all holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 12.
Appears in 2 contracts
Samples: SPS Commerce Inc, SPS Commerce Inc
Adjustments for Dividends in Stock or Other Securities or Property. If while the this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 13.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Fuelcell Energy Inc), NRG Energy, Inc.
Adjustments for Dividends in Stock or Other Securities or Property. If If, (i) at any time on or after the Closing and (ii) while the Warrant, or any portion hereof, this Warrant remains outstanding and unexpired, the holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, or on or after the record date fixed for the determination of eligible stockholders, stockholders shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividenddividend or other distribution in respect of the Warrant Stock, then then, and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrant, this Warrant and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 11.
Appears in 2 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Generation NEXT Franchise Brands, Inc.)
Adjustments for Dividends in Stock or Other Securities or Property. If while the this Warrant, or any portion hereof, remains outstanding and unexpired, the unexpired holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder the Holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock securities available by to it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Sectionperiod.
Appears in 2 contracts
Samples: Warrant Agreement (Innovative Micro Technology Inc), Innovative Micro Technology Inc
Adjustments for Dividends in Stock or Other Securities or Property. If while the Warrant, or any portion hereof, this Warrant remains outstanding and unexpired, the holders of the securities as to which purchase rights under the this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant (or upon such conversion) on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 4.
Appears in 1 contract
Adjustments for Dividends in Stock or Other Securities or Property. If while the WarrantWarrants, or any portion hereofthereof, remains remain outstanding and unexpired, the holders of the securities as to which purchase rights under the Warrant Warrants exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the Warrant Warrants shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the WarrantWarrants, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it he been the holder of record of the security receivable upon exercise of the a Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 11.
Appears in 1 contract
Samples: Warrant Agreement (Accelacorp 1 Inc)
Adjustments for Dividends in Stock or Other Securities or Property. If while the this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersstockholders of the Company, shall have become entitled to receive, without payment therefortherefore, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefortherefore, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSECTION 11.
Appears in 1 contract
Samples: Warrant (Valence Technology Inc)
Adjustments for Dividends in Stock or Other Securities or Property. If while the this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof Warrant Issue Date and had thereafter, during the period from the date hereof Warrant Issue Date to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 12.
Appears in 1 contract
Samples: Enernoc Inc
Adjustments for Dividends in Stock or Other Securities or Property. If while the Warrant, or any portion hereof, Option remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under the Warrant such Option exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, in each case without payment of any additional consideration therefor, other or additional stock or other securities or property (other than cash) of the Company or VIP-R by way of dividend, then and in each case, the Warrant each Option shall represent the right to acquireacquire or sell, in addition to the number of shares of the security or other securities receivable upon exercise of the Warrant, and without payment of any additional consideration thereforsuch Option, the amount of such other or additional stock of or other securities or property (other than cash) of the Company or VIP-R, as the case may be, that such holder Telenor would hold on the date of such exercise had it been the holder of record of the security shares or other securities receivable upon exercise of the Warrant such Option on the date hereof and had thereafter, during the period from the date hereof to and including the date of the Notice of Exercise with respect to such exerciseOption, retained such shares and/or all other additional stock available by to it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section.Article V.
Appears in 1 contract
Samples: Option Agreement (Eco Telecom LTD)
Adjustments for Dividends in Stock or Other Securities or Property. If ------------------------------------------------------------------ while the this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that which such holder would hold on the date of such Such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 11.
Appears in 1 contract
Samples: Egain Communications Corp
Adjustments for Dividends in Stock or Other Securities or Property. If If, at any time while the Warrant, this Warrant or any portion hereof, thereof remains outstanding and unexpired, the holders of the securities as to which purchase rights under the Warrant exist at the time Company’s Common Stock shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other shares of Common Stock, or additional stock or other securities or property (other than cash) of the Company by way of dividenddividend or other distribution, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security Shares receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exerciseevent, retained such shares and/or all other or additional stock available or other securities or property that would have been received by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 8.
Appears in 1 contract
Adjustments for Dividends in Stock or Other Securities or Property. If while the this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security Warrant Stock receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder Holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the Warrant Stock on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 4.
Appears in 1 contract
Samples: Waste Connections Inc/De
Adjustments for Dividends in Stock or Other Securities or Property. If while the Warrant, or any portion hereof, this Warrant remains outstanding and unexpired, the holders of the securities as to which purchase rights under the this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant (or upon such conversion) on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 3.
Appears in 1 contract
Samples: Pet DRx CORP
Adjustments for Dividends in Stock or Other Securities or Property. If while the this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders holder of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 6.
Appears in 1 contract
Samples: Exogen Inc
Adjustments for Dividends in Stock or Other Securities or Property. If while the this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities ** As specified in Section 2 of the Note Purchase and Line of Credit Agreement as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersShareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 10.
Appears in 1 contract
Samples: Note Purchase and Line of Credit Agreement (Sunpower Corp)
Adjustments for Dividends in Stock or Other Securities or Property. If while the this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security Warrant Stock receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder would hold be entitled to receive on the date of such exercise dividend had it been the holder of record of the security Warrant Stock receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 11.
Appears in 1 contract
Samples: Glu Mobile Inc
Adjustments for Dividends in Stock or Other Securities or Property. If while the this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cashan Excluded Dividend (as defined below)) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cashcash dividends or cash distributions paid out of net profits legally available therefor (such excluded cash dividend or distribution being referred to as an "Excluded Dividend")) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 13.
Appears in 1 contract
Samples: Track N Trail Inc
Adjustments for Dividends in Stock or Other Securities or Property. If If, while the this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersStockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon the exercise of the this Warrant, and without payment of any additional consideration thereforthereof, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 10.
Appears in 1 contract
Samples: Employment Continuation Agreement (Sanctuary Woods Multimedia Corp)
Adjustments for Dividends in Stock or Other Securities or Property. If while the WarrantWarrants, or any portion hereofthereof, remains remain outstanding and unexpired, the holders of the securities as to which purchase rights under the Warrant Warrants exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the Warrant Warrants shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the WarrantWarrants, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it he been the holder of record of the security receivable upon exercise of the a Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 12.
Appears in 1 contract
Adjustments for Dividends in Stock or Other Securities or Property. If while the this Warrant, or any portion hereofthereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersStockholders, shall have become entitled to receive, without payment therefortherefore, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefortherefore, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder Holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 2.
Appears in 1 contract
Samples: Algos Pharmaceutical Corp
Adjustments for Dividends in Stock or Other Securities or Property. If while the Warrant, or any portion hereof, this Warrant remains outstanding and unexpired, the holders of the securities as to which purchase rights under the this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant (or upon such conversion) on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 11.
Appears in 1 contract
Adjustments for Dividends in Stock or Other Securities or Property. If at any time while the Warrant, this Option or any portion hereof, hereof remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under the Warrant this Option exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the Warrant this Option shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantthis Option, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the Warrant this Option on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionArticle VI.
Appears in 1 contract
Adjustments for Dividends in Stock or Other Securities or Property. If at any time while the Warrant, this Warrant or any portion hereof, hereof remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder Holder would hold on the date of such exercise had it been the holder Holder of record of the security receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 11.
Appears in 1 contract
Adjustments for Dividends in Stock or Other Securities or Property. If while the this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, such stockholder shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 11.
Appears in 1 contract
Samples: Leadis Technology Inc
Adjustments for Dividends in Stock or Other Securities or Property. If while the Warrantthis Option, or any portion hereof, remains outstanding and unexpired, . the holders of the securities as to which purchase rights under the Warrant this Option exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the Warrant this Option shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantthis Option, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the Warrant this Option on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exerciseevent, retained such shares and/or all other additional stock available by it as aforesaid during such period, . giving effect to all adjustments called for during such period by the provisions of this SectionSection 7.
Appears in 1 contract
Samples: 2014 Director Stock Option Agreement (Esio Water & Beverage Development Corp.)
Adjustments for Dividends in Stock or Other Securities or Property. If while the Warrant, or any portion hereof, this Warrant remains outstanding and unexpired, the holders of the securities as to which purchase rights under the this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant (or upon such conversion) on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 10.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Prospect Global Resources Inc.)
Adjustments for Dividends in Stock or Other Securities or Property. If If, at any time while the WarrantWarrants, or any portion hereof, remains are outstanding and unexpired, the holders of the securities as to which purchase rights under the Warrant exist at the time issuable upon exercise thereof shall have received, or, or on or after the record date fixed for the determination of eligible stockholders, stockholders shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company Company, by way of dividenddividend or other distribution, then and in each case, the such Warrant shall thereafter represent the right to acquire, in addition to the number of shares of the security receivable issuable upon exercise of the such Warrant, and without payment by the Holder of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder Holder would hold have held on the date of such exercise had it such Holder been the holder of record of the security receivable upon exercise of the such Warrant on the date hereof of this Agreement and had thereafter, during the period from the date hereof of this Agreement to and including the date of such exercise, retained such shares and/or all other additional stock available by to it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 8.1.
Appears in 1 contract
Adjustments for Dividends in Stock or Other Securities or Property. If while the this Warrant, or any portion hereofthereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, the case this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the this Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 11.
Appears in 1 contract
Samples: Vycor Medical Inc
Adjustments for Dividends in Stock or Other Securities or Property. If at any time on or after the date hereof and while the Warrant, or any portion hereof, this Warrant remains outstanding and unexpired, the holders of the securities as to which purchase rights under the this Warrant exist at the time shall have received, or, or on or after the record date fixed for the determination of eligible stockholders, stockholders shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividenddividend or other distribution in respect of the Class A Common Stock, then then, and in each case, the this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrant, this Warrant and without payment of any additional consideration therefor, the amount of such other or additional stock of or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of the this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this SectionSection 12, and, from and after the date of such distribution, the Company shall hold and set aside (or cause to be held and set aside in a commercially reasonable manner) an amount of such property equal to Holder’s pro rata portion thereof for distribution to Holder pursuant hereto.
Appears in 1 contract
Samples: Celularity Inc