Common use of Adjustments for Other Distributions Clause in Contracts

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 options, or rights not referred to in subsection 5.2, then, in each such case for the purpose of this subsection 5.5, upon exercise of this Warrant the holder hereof shall be entitled to a proportionate share of any such distribution as though such holder was the holder of the number of shares of Common Stock of the Company into which this Warrant may be exercised 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 5 contracts

Samples: Medjet Inc, Medjet Inc, Medjet Inc

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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), dividends paid out of net profits) or options, options or rights not referred to in subsection 5.2Section 2(b), then, in each such case for the purpose of this subsection 5.5Section 2(d), upon exercise of this Warrant the holder hereof shall be entitled to a proportionate share of any such distribution as though such holder was the holder of the number of shares of Common Stock of the Company into which this Warrant may be exercised 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: Securities Purchase Agreement (ARYx Therapeutics, Inc.), Securities Purchase Agreement (Targeted Genetics Corp /Wa/), Targeted Genetics Corp /Wa/

Adjustments for Other Distributions. In the event the Company ----------------------------------- shall ----------------------------------- declare a distribution payable in securities of the Company (other than Common Stock Equivalents) or other persons, evidences of indebtedness issued by the Company or other persons, assets (excluding including cash dividends), ) or options, options or rights not referred to in subsection 5.2Section 2.2, then, in each such case for the purpose purposes of this subsection 5.5Section 2.4, upon exercise of this Warrant the holder hereof shall be entitled to a proportionate share of any such distribution as though such holder was the holder of the number of shares of Common Stock of the Company into which this Warrant may be exercised 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: Disturbance and Attornment Agreement (Paradigm Genetics Inc), Escrow Agreement (Paradigm Genetics Inc), Paradigm Genetics 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 options, options or rights not referred to in subsection 5.2Section 3.1, then, in each such case for the purpose of this subsection 5.5Section 3.4, upon exercise of this Warrant the holder hereof Holder shall be entitled to a proportionate share of any such distribution as though such holder Holder was the holder of the number of shares of Common Next Stock of the Company into which this Warrant may be exercised as of the record date fixed for the determination of the holders of Common Next Stock of the Company entitled to receive such distribution.

Appears in 2 contracts

Samples: Nuvasive Inc, Nuvasive Inc

Adjustments for Other Distributions. In the event the Company shall ----------------------------------- declare a distribution payable in securities of other personspersons or entities, evidences of indebtedness issued by the Company or other persons, assets (excluding regular cash dividends), ) or options, options or rights not referred to in subsection 5.2Section 2.1 with respect to the Stock, then, in each such case for the purpose of this subsection 5.5Section 2.4, upon exercise of this Warrant the holder hereof Holder shall be entitled to a proportionate share of any such distribution as though such holder Holder was the holder of the number of shares of Common Stock of the Company into which this Warrant may be exercised as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution, all subject to further adjustment as provided herein.

Appears in 2 contracts

Samples: BTHC Iii Inc., BTHC Iii Inc.

Adjustments for Other Distributions. In the event the Company shall ----------------------------------- declare a distribution payable in securities of the Company (other than Common Stock Equivalents) or other persons, evidences of indebtedness issued by the Company or other persons, assets (excluding including cash dividends), ) or options, options or rights not referred to in subsection 5.2Section 2.2, then, in each such case for the purpose purposes of this subsection 5.5Section 2.4, upon exercise of this Warrant the holder hereof shall be entitled to a proportionate share of any such distribution as though such holder was the holder of the number of shares of Common Stock of the Company into which this Warrant may be exercised 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 2 contracts

Samples: Salmedix Inc, X-Change Corp Inc

Adjustments for Other Distributions. In the event the Company shall ----------------------------------- declare a distribution payable in securities of the Company (other personsthan Common Stock or Common Stock Equivalents) or other Persons, evidences of indebtedness issued by the Company or other personsPersons, assets (excluding including cash dividends), ) or options, options or rights not referred to in subsection 5.22.2, then, in each such case for the purpose of this subsection 5.5case, upon exercise of this Warrant the holder hereof shall be entitled to a proportionate share of any such distribution as though such holder was the holder of the number of shares of Common Stock of the Company into which this Warrant may be exercised 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 2 contracts

Samples: Avalon Pharmaceuticals Inc, Avalon Pharmaceuticals 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), dividends paid out of net profits) or options, options or rights not referred to in subsection 5.2Section 2(b), then, in each such case for the purpose of this subsection 5.5Section 2(d), upon exercise of this Warrant the holder hereof shall be entitled to a proportionate share of any such distribution as though such holder was the holder of the number of shares of Common Stock or Preferred Stock of the Company into which this Warrant may be exercised as of the record date fixed for the determination of the holders of Common Stock or Preferred Stock of the Company entitled to receive such distribution.

Appears in 2 contracts

Samples: Preferred Stock and Warrant Purchase Agreement (Metawave Communications Corp), Preferred Stock Purchase Warrant (Endwave 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 options, options or rights not referred to in subsection 5.2subsections 2.1 or 2.3, then, in each such case for the purpose of this subsection 5.52.5, upon exercise of this Warrant the holder hereof shall be entitled to a proportionate share of any such distribution as though such holder was the holder of the number of shares of Common Stock of the Company common stock into which this Warrant may be exercised as of the record date fixed for the determination of the holders of Common Stock of the Company common stock entitled to receive such distribution; provided, however, that the aggregate purchase price shall not be adjusted.

Appears in 2 contracts

Samples: Complete Wellness Centers Inc, Complete Wellness Centers 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 options, options or rights not referred to in subsection 5.2Section 2.2, then, in each such case for the purpose of this subsection 5.5Section 2.4, upon exercise of this Warrant the holder hereof shall be entitled to a proportionate share of any such distribution as though such holder was the holder of the number of shares of Common Stock of the Company into which this Warrant may be exercised as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution; provided, however, that the aggregate purchase price shall not be adjusted.

Appears in 2 contracts

Samples: License Agreement (Corixa Corp), License Agreement (Corixa Corp)

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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), dividends paid out of net profits) or options, options or rights not referred to in subsection 5.2Section 2(b), then, in each such case for the purpose of this subsection 5.5Section 2(d), upon exercise of this Warrant the holder hereof shall be entitled to a proportionate share of any such distribution as though such holder was the holder of the number of shares of Common Stock of the Company into which this Warrant may be exercised 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: Cell Therapeutics Inc

Adjustments for Other Distributions. In the event the Company shall ----------------------------------- declare a distribution payable in securities of the Company (other than Common Stock Equivalents) or other persons, evidences of indebtedness issued by the Company or other persons, assets (excluding including cash dividends), ) or options, options or rights not referred to in subsection 5.22.2, then, in each such case for the purpose purposes of this subsection 5.52.4, upon exercise of this Warrant the holder hereof shall be entitled to a proportionate share of any such distribution as though such holder was the holder of the number of shares of Common Stock of the Company into which this Warrant may be exercised 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: Viacell 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 (including cash but excluding cash dividends), dividends paid out of net profits) or options, options or rights not referred to in subsection 5.2Section 2(b), then, in each such case for the purpose of this subsection 5.5Section 2(d), upon exercise of this Warrant the holder hereof shall be entitled to a proportionate share of any such distribution as though such holder was the holder of the number of shares of Common Stock of the Company into which this Warrant may be exercised 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: MiddleBrook Pharmaceuticals, Inc.

Adjustments for Other Distributions. In the event the Company shall ----------------------------------- declare a distribution payable in securities of the Company (other personsthan Common Stock or Common Stock Equivalents), evidences of indebtedness issued by the Company or other personsCompany, assets (excluding including cash dividends), ) or options, options or rights not referred to in subsection 5.2Section 8(b), then, in each such case for the purpose of this subsection 5.5Section 8(d), upon exercise of this Warrant the holder Holder hereof shall be entitled to a proportionate share of any such distribution as though such holder Holder was the holder Holder of the number of shares of Common Stock of the Company into which this Warrant may be exercised as of the record date fixed for the determination of the holders of Common Stock securities of the Company entitled to receive such distribution.

Appears in 1 contract

Samples: Note Purchase Agreement (Diomed Holdings Inc)

Adjustments for Other Distributions. In the event the Company shall ----------------------------------- declare a distribution payable in securities of the Company (other personsthan Common Stock or Common Stock Equivalents) or other Persons, evidences of indebtedness issued by the Company or other personsPersons, assets (excluding including cash dividends), ) or options, options or rights not referred to in subsection 5.22.2, then, in each such case for the purpose of this subsection 5.5case, upon exercise of this Warrant the holder Holder hereof shall be entitled to a proportionate share of any such distribution as though such holder Holder was the holder of the number of shares of Common Stock of the Company into which this Warrant may be exercised 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: Codexis 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 options, options or rights not referred to in subsection 5.22.2, then, in each such case for the purpose of this subsection 5.52.4, upon exercise of this Warrant the holder hereof Holder shall be entitled to a proportionate share of any such distribution as though such holder the Holder was the holder of the number of shares of Common Stock of the Company into which issuable upon exercise of this Warrant may be exercised 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: Stock and Warrant Purchase Agreement (Ligand Pharmaceuticals Inc)

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