Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board of Directors) or options or rights not referred to in Sections 4.2 or 4.3 then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.
Appears in 21 contracts
Samples: Underwriting Agreement (TFF Pharmaceuticals, Inc.), Placement Agent Warrant (HeartBeam, Inc.), Placement Agent Warrant (HeartBeam, Inc.)
Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.2 4.2, 4.3 or 4.3 4.4, then, in each such case for the purpose of this Section 4.44.5, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.
Appears in 17 contracts
Samples: ’s Warrant (Wave2Wave Communications, Inc.), ’s Warrant (Wave2Wave Communications, Inc.), Representatives’ Warrant (ONE Bio, Corp.)
Adjustments for Other Distributions. In the event the Company shall declare a distribution on the outstanding Common Stock that is payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board of Directors) or options or rights not referred to in Sections 4.2 or 4.3 rights, then, in each such case for the purpose of this Section 4.49(c), upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of shares of Common Stock which might have been purchased upon exercise of this Warrant Shares as of immediately prior to the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distributiondistribution (or the date of such distribution if no record date is fixed).
Appears in 16 contracts
Samples: Advisory Agreement (DelMar Pharmaceuticals, Inc.), Placement Agent Agreement (DelMar Pharmaceuticals, Inc.), Underwriting Agreement (NeuroMetrix, Inc.)
Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.2 or 4.3 then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.
Appears in 16 contracts
Samples: Broker Warrant (PetroShare Corp.), Underwriter Warrant (Energous Corp), Underwriting Agreement (Ideal Power Inc.)
Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.1, 4.2 or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.
Appears in 11 contracts
Samples: Cachet Financial Solutions, Inc., Cachet Financial Solutions, Inc., Securities Purchase Agreement (Dais Analytic Corp)
Adjustments for Other Distributions. In the event the Company shall declare a distribution on the outstanding Common Stock that is payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board of Directors) or options or rights not referred to in Sections 4.2 or 4.3 rights, then, in each such case for the purpose of this Section 4.49(c), upon exercise of this Warrantany Warrants, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as shares of Common Stock which might have been purchased upon exercise of any Warrants immediately prior to the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distributiondistribution (or the date of such distribution if no record date is fixed).
Appears in 5 contracts
Samples: Common Stock Warrant Agreement (PharmaCyte Biotech, Inc.), Stock and Warrant Purchase Agreement (PharmaCyte Biotech, Inc.), Stock and Warrant Purchase Agreement (PharmaCyte Biotech, Inc.)
Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board 's board of Directorsdirectors) or options or rights not referred to in Sections 4.1, 4.2 or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.
Appears in 4 contracts
Samples: Peekay Boutiques, Inc., Peekay Boutiques, Inc., Coffee Holding Co Inc
Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board of Directors) or options or rights not referred to in Sections 4.2 4.1, 4.2, or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock Shares of the Company entitled to receive such distribution.
Appears in 4 contracts
Samples: ’s Warrant (West Coast Realty Trust, Inc.), Warrant (Regenerx Biopharmaceuticals Inc), Plug Power Inc
Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock Shares paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.1, 4.2 or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock Shares of the Company entitled to receive such distribution.
Appears in 3 contracts
Samples: Underwriting Agreement (China SLP Filtration Technology, Inc.), Warrant (China SLP Filtration Technology, Inc.), Zheng Hui Industry Corp.
Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.2 Section 3 or 4.3 in this Section 4, then, in each such case for the purpose of this Section 4.44, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Blackboxstocks Inc.), Securities Purchase Agreement (Blackboxstocks Inc.), Blackboxstocks Inc.
Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.1, 4.2 or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock Ordinary Shares of the Company entitled to receive such distribution.
Appears in 2 contracts
Samples: Golden Green Enterprises Ltd., Golden Green Enterprises Ltd.
Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock Ordinary Shares paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.1, 4.2 or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock Ordinary Shares of the Company entitled to receive such distribution.
Appears in 2 contracts
Samples: Warrant (Tri-Tech Holding, Inc.), Warrant (Tri-Tech Holding, Inc.)
Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock Ordinary Shares paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.2 4.2, 4.3 or 4.3 4.4, then, in each such case for the purpose of this Section 4.44.5, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock Ordinary Shares of the Company entitled to receive such distribution.
Appears in 2 contracts
Samples: Grand Farm Inc., Lizhan Environmental Corp
Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.2 5.2, 5.3 or 4.3 5.4, then, in each such case for the purpose of this Section 4.45.5, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock Shares of the Company entitled to receive such distribution.
Appears in 2 contracts
Samples: Underwriter’s Warrant (Med BioGene Inc.), Underwriter’s Warrant (Med BioGene Inc.)
Adjustments for Other Distributions. In the event the Company shall declare a distribution on the outstanding Common Stock that is payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.2 or 4.3 rights, then, in each such case for the purpose of this Section 4.410(c), upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of shares of Common Stock which might have been purchased upon exercise of this Warrant Shares as of immediately prior to the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distributiondistribution (or the date of such distribution if no record date is fixed).
Appears in 2 contracts
Samples: Underwriting Agreement (Cerecor Inc.), Underwriting Agreement (Cerecor Inc.)
Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board of Directors) or options or rights not referred to in Sections 4.2 or 4.3 clauses (a), (b) and (c) above, then, in each such case for the purpose of this Section 4.4clause (d), upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of shares of Common Stock of the Company entitled to receive such distribution.
Appears in 1 contract
Samples: Luxeyard, Inc.
Adjustments for Other Distributions. In the event the Company shall declare a distribution on the outstanding Common Stock that is payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board of Directors) or options or rights not referred to in Sections 4.1, 4.2 or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of shares of Common Stock which might have been purchased upon exercise of this Warrant Shares as of immediately prior to the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distributiondistribution (or the date of such distribution if no record date is fixed).
Appears in 1 contract
Samples: Warrant (Acorn Energy, Inc.)
Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board 's board of Directorsdirectors) or options or rights not referred to in Sections 4.2 4.2, 4.3 or 4.3 4.4, then, in each such case for the purpose of this Section 4.44.5, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.
Appears in 1 contract
Samples: Ivivi Technologies, Inc.
Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s 's Board of Directors) or options or rights not referred to in Sections 4.2 3(a) or 4.3 (b), then, in each such case for the purpose of this Section 4.4case, upon exercise of this WarrantWarrant within ninety (90) days of such distribution, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.
Appears in 1 contract
Samples: uWink, Inc.
Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.2 4.2, 4.3 or 4.3 4.4, then, in each such case for the purpose of this Section 4.44.5, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the te number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.
Appears in 1 contract
Samples: Cryoport, Inc.
Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.1, 4.2 or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.
Appears in 1 contract
Samples: InterMetro Communications, Inc.
Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board of Directors) or options or rights not referred to in Sections 4.2 3(a) or 4.3 (b), then, in each such case for the purpose of this Section 4.4case, upon exercise of this WarrantWarrant within ninety (90) days of such distribution, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.
Appears in 1 contract
Samples: uWink, Inc.
Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock Ordinary Shares paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.2 or 4.3 then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock Ordinary Shares of the Company entitled to receive such distribution.
Appears in 1 contract
Samples: Underwriter Warrant (CBD Energy LTD)
Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock Ordinary Shares paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.1, 4.2 or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, 4.54 upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock Ordinary Shares of the Company entitled to receive such distribution.
Appears in 1 contract
Samples: China Hydroelectric Corp
Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.1, 4.2 or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, 4.54 upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.
Appears in 1 contract
Samples: China Hydroelectric Corp
Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock Stock, paid out of current or retained earnings and declared by the Company’s Board 's board of Directorsdirectors) or options or rights not referred to in Sections 4.1, 4.2 or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.
Appears in 1 contract
Samples: United Financial Mortgage Corp
Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock Shares paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.2 4.2, 4.3 or 4.3 4.4, then, in each such case for the purpose of this Section 4.44.5, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock Shares of the Company entitled to receive such distribution.
Appears in 1 contract
Samples: Green Solutions China, Inc.
Adjustments for Other Distributions. In the event the Company shall declare a distribution on the outstanding Common Stock that is payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s 's Board of Directors) or options or rights not referred to in Sections 4.1, 4.2 or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of shares of Common Stock which might have been purchased upon exercise of this Warrant Shares as of immediately prior to the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distributiondistribution (or the date of such distribution if no record date is fixed).
Appears in 1 contract
Samples: Cel Sci Corp