Common use of Anti-Dilution Adjustments to Exercise Price Clause in Contracts

Anti-Dilution Adjustments to Exercise Price. Except in the case of any shares of Common Stock or Common Stock Equivalents issued or issuable in connection with any Exempt Issuance, if the Company, at any time from and after the Issuance Date, shall issue any Common Stock or Common Stock Equivalents entitling any person, firm, association or entity to acquire shares of Common Stock at an effective price per share less than the then-current Exercise Price, as adjusted hereunder (any such issuance being referred to as a “Dilutive Issuance”), then the Exercise Price shall be adjusted to match the lowest price per share at which such Common Stock was issued or may be acquired pursuant to such Common Stock Equivalents in the Dilutive Issuance. This clause (b) shall be of no further force and effect following the closing of the Company’s next underwritten public offering resulting in gross proceeds of at least $5,000,000, and this Warrant shall thereafter be exercisable at the original Exercise Price (subject to adjustment as provided in this Warrant except for the anti-dilution adjustment in this clause (b)).

Appears in 2 contracts

Samples: Mutual Termination and Release Agreement (Cachet Financial Solutions, Inc.), Securities Purchase Agreement (Cachet Financial Solutions, Inc.)

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Anti-Dilution Adjustments to Exercise Price. Except in the case of any shares of Common Stock or Common Stock Equivalents issued or issuable in connection with any Exempt Issuance, if the Company, at any time from and after the Issuance Date, shall issue any Common Stock or Common Stock Equivalents entitling any person, firm, association or entity to acquire shares of Common Stock at an effective price per share less than the then-current Exercise Price, as adjusted hereunder (any such issuance being referred to as a “Dilutive Issuance”), then the Exercise Price shall be adjusted to match the lowest price per share at which such Common Stock was issued or may be acquired pursuant to such Common Stock Equivalents in the Dilutive Issuance. This clause (b) shall be of no further force and effect following upon the closing of the Company’s next underwritten public offering resulting in gross proceeds of at least $5,000,000, and this Warrant shall thereafter be exercisable at the original Exercise Price (subject to adjustment as provided in this Warrant except for the anti-dilution adjustment in this clause (b)).

Appears in 2 contracts

Samples: Securities Agreement (Cachet Financial Solutions, Inc.), Securities Agreement (Cachet Financial Solutions, Inc.)

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Anti-Dilution Adjustments to Exercise Price. Except in the case of any shares of Common Stock or Common Stock Equivalents issued or issuable in connection with any Exempt Issuance, if the Company, at any time from and after the Issuance Date, shall issue any Common Stock or Common Stock Equivalents entitling any person, firm, association or entity to acquire shares of Common Stock at an effective price per share less than the then-current Exercise Price, as adjusted hereunder (any such issuance being referred to as a “Dilutive Issuance”), then the Exercise Price shall be adjusted to match the lowest price per share at which such Common Stock was issued or may be acquired pursuant to such Common Stock Equivalents in the Dilutive Issuance. This clause (b) shall be of no further force and effect following the closing of the Company’s next underwritten public offering resulting in gross proceeds of at least $5,000,00015,000,000, and this Warrant shall thereafter be exercisable at the original Exercise Price (subject to adjustment as provided in this Warrant except for the anti-dilution adjustment in this clause (b)).

Appears in 1 contract

Samples: Securities Agreement (Sealand Natural Resources Inc)

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