Common use of Anti-Dilution Protection Clause in Contracts

Anti-Dilution Protection. (a) In the event, prior to the payment of this Note, the Company shall issue any of its shares of common stock as a stock dividend or shall subdivide the number of outstanding shares of common stock into a greater number of shares, then, in either of such events, the shares obtainable pursuant to conversion of this Note shall be increased proportionately; and, conversely, in the event that the Company shall reduce the number of outstanding shares of common stock by combining such shares into a smaller number of shares, then, in such event, the number of shares of common stock obtainable pursuant to the conversion of this Note shall be decreased proportionately. Any dividend paid or distributed upon the common stock in shares of any other class of capital stock of the Company or securities convertible into shares of common stock shall be treated as a dividend paid in common stock to the extent that the shares of common stock are issuable upon the conversion of the Note. In the event that the Company shall pay a dividend consisting of the securities of any other entity or in cash or other property, upon conversion of this Note, the Holder shall receive the securities, cash, or property which the Holder would have been entitled to if the Holder had converted this Note immediately prior to the record date of such dividend.

Appears in 4 contracts

Samples: Credit Agreement (Ecosphere Technologies Inc), Ecosphere Technologies Inc, Ecosphere Technologies Inc

AutoNDA by SimpleDocs

Anti-Dilution Protection. (a) In the event, prior to the payment of this Note, the Company shall issue any of its shares of common stock Common Stock as a stock dividend or shall subdivide the number of outstanding shares of common stock Common Stock into a greater number of shares, then, in either of such events, the shares obtainable pursuant to conversion of this Note shall be increased proportionately; and, conversely, in the event that the Company shall reduce the number of outstanding shares of common stock Common Stock by combining such shares into a smaller number of shares, then, in such event, the number of shares of common stock Common Stock obtainable pursuant to the conversion of this Note shall be decreased proportionately. Any dividend paid or distributed upon the common stock Common Stock in shares of any other class of capital stock of the Company or securities convertible into shares of common stock Common Stock shall be treated as a dividend paid in common stock Common Stock to the extent that the shares of common stock Common Stock are issuable upon the conversion of the Note. In the event that the Company shall pay a dividend consisting of the securities of any other entity or in cash or other property, upon conversion of this Note, the Holder shall receive the securities, cash, or property which the Holder would have been entitled to if the Holder had converted this Note immediately prior to the record date of such dividend.

Appears in 2 contracts

Samples: Secured Line of Credit Agreement (Ecosphere Technologies Inc), Credit Agreement (Ecosphere Technologies Inc)

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!