Antidilution Adjustments under other Securities. Without limiting any other rights available hereunder to the Holder, if there is an antidilution adjustment (A) under any security which is convertible into Common Stock (except for the Notes), whether issued prior to or after the date hereof or (B) under any rights, options or warrants to purchase Common Stock, whether issued prior to or after the date hereof, that (in the case of clause (A) or (B) above) results in a reduction in the exercise or purchase price with respect to such security or rights or results in an increase in the number of shares obtainable under such security or rights, then an adjustment shall be made under this Section 4(e)(v) to the current conversion price hereunder. Any such adjustment under this Section 4(e)(v) shall be whichever of the following results in a lower current conversion price: (1) a reduction in the current conversion price equal to the percentage reduction in such exercise or purchase price with respect to such security or rights or (2) a reduction in the current conversion price that will result in the same percentage increase in the number of shares of Common Stock available upon conversion of the Note as the percentage increase in the number of shares of Common Stock available under such security or rights. Any such adjustment under this Section 4(e)(v) shall be made only if it would result in a lower current conversion price than that which would be determined pursuant to any other antidilution adjustment otherwise required hereunder as a result of the event or circumstance that triggered the adjustment to the securities or rights described in clause (A) or (B) above (and if any such adjustment is so made under this Section 4(e)(v) then such other antidilution adjustment otherwise required hereunder shall not be made as a result of such event or circumstance).
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Samples: Loan Agreement (All American Group Inc), Secured Subordinated Convertible Note (Coachmen Industries Inc), Loan Agreement (Coachmen Industries Inc)
Antidilution Adjustments under other Securities. Without limiting any ----------------------------------------------- other rights available hereunder to the HolderHolders of the Warrants, if there is an antidilution adjustment (Ai) under any security which is convertible into Common Stock (except for the Notes)Convertible Securities, whether issued prior to or after the date hereof or (B) under any rights, options or warrants to purchase Common Stock, whether issued prior to or after the date hereof, that (in the case of clause issued
(A) or (B) above) results in a reduction in the exercise or purchase price with respect to such security or rights or results in an increase in the number of shares obtainable under such security or rights, then an adjustment shall be made under this Section 4(e)(v) to the current conversion price hereunder. Any such adjustment under this Section 4(e)(v) shall be whichever of the following results in a lower current conversion price: (1) a reduction in the current conversion price Exercise Price equal to the percentage reduction in such exercise or purchase price with respect to such security Convertible Security, right, option or rights warrant or (2B) a reduction in the current conversion price that Exercise Price which will result in the same percentage increase in the number of shares of Common Stock Warrant Shares available upon conversion of the Note hereunder as the percentage increase in the number of shares Additional Shares of Common Stock available under such security Convertible Security, right, option or rightswarrant. Any such adjustment under this Section 4(e)(v) 5.7 shall only be made only if it would result in a lower current conversion price Exercise Price than that which would be determined pursuant to any other antidilution adjustment otherwise required hereunder as a result of the event or circumstance that which triggered the adjustment to the securities such Convertible Security, right, option or rights described in clause (A) or (B) above (warrant, and if any such an adjustment is so made under pursuant to this Section 4(e)(v) then 5.7, such other antidilution adjustment otherwise required hereunder shall not be made as a result of such event or circumstance).
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Antidilution Adjustments under other Securities. Without limiting ----------------------------------------------- any other rights available hereunder to the Holderholders of Notes, if there is an antidilution adjustment (Ax) under any security which is convertible into Common Stock of the Company issued after the date hereof (except for the NotesNotes and the Warrants or securities described in Section 6.4(e)) or (y) under any right, option or warrant to purchase Common Stock of the Company whether issued prior to or after the date hereof or (B) under any rights, options or warrants to purchase Common Stock, whether issued prior to or after the date hereof, that which (in the case of clause (Ax) or (B) abovey)) results in a reduction in the exercise or purchase price with respect to such security security, right, option or rights warrant or results in an increase in the number of shares obtainable under such security security, right, option or rightswarrant, then an adjustment shall be made under this Section 4(e)(v6.4(h) to the current conversion price hereunder. Any such adjustment under this Section 4(e)(v6.4(h) shall be whichever of the following results in a lower current conversion price: (1A) a reduction in the current conversion price equal to the percentage reduction in such exercise or purchase price with respect to such security security, right, option or rights warrant or (2B) a reduction in the current conversion price that which will result in the same percentage increase in the number of shares of Common Stock Shares available upon conversion of the Note under this Section 6 as the percentage increase in the number of shares of Common Stock available under such security security, right, option or rightswarrant. Any such adjustment under this Section 4(e)(v6.4(h) shall only be made only if it would result in a lower current conversion price than that which would be determined pursuant to any other antidilution adjustment otherwise required hereunder under this Section 6 as a result of the event or circumstance that which triggered the adjustment to the securities security, right, option or rights warrant described in clause (Ax) or (By) above (and if any such adjustment is so made under this Section 4(e)(v) 6.4(h), then such other antidilution adjustment otherwise required hereunder under this Section 6 shall not be made as a result of such event or circumstance).
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Antidilution Adjustments under other Securities. Without limiting any other rights available hereunder to the Holder, if there is an antidilution adjustment (Ax) under any security which is convertible into or exchangeable for Common Stock (except for the Notes), Shares whether issued prior to or after the date hereof (except for the Series A Preferred Shares and the XL Warrant and the Other Radian Warrant) or (By) under any rightsright, options option or warrants warrant to purchase Common Stock, Shares whether issued prior to or after the date hereof, that including without limitation, the XL Warrant and the Other Radian Warrant, which (in the case of clause (Ax) or (B) abovey)) results in a reduction in the exercise or purchase price with respect to such security security, right, option or rights warrant to an amount less than the Exercise Price in effect at that time or results in an increase in the number of shares obtainable under such security security, right, option or rightswarrant which has an effect equivalent to lowering the conversion, exchange or exercise price to an amount less than such Exercise Price, then an adjustment shall be made under this Section 4(e)(v4(f) to the current conversion price hereundersuch Exercise Price. Any such adjustment under this Section 4(e)(v4(f) shall be whichever of the following results in a lower current conversion price: Exercise Price:
(1i) a reduction in the current conversion price Exercise Price equal to the percentage reduction in such exercise or purchase price with respect to such security security, right, option or rights or warrant multiplied by the Exercise Price, or
(2ii) a reduction in the current conversion price that Exercise Price which will result in the same percentage increase in the number of shares of Common Stock Shares available upon conversion of the Note under this Section 4 as the percentage increase in the number of shares of Common Stock available under such security security, right, option or rightswarrant. Any such adjustment under this Section 4(e)(v4(f) shall only be made only if it would result in a lower current conversion price Exercise Price than that which would be determined pursuant to any other antidilution adjustment otherwise required hereunder under this Section 4 as a result of the event or circumstance that which triggered the adjustment to the securities security, right, option or rights warrant described in clause (Ax) or (By) above of this Section 4(f) (and if any such adjustment is so made under this Section 4(e)(v) 4(f), then such other antidilution adjustment otherwise required hereunder under this Section 4 shall not be made as a result of such event or circumstance).
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Antidilution Adjustments under other Securities. Without limiting ----------------------------------------------- any other rights available hereunder to the Holderholders of Notes, if there is an antidilution adjustment (Ax) under any security which is convertible into Common Stock of the Company issued after the date hereof (except for the NotesNotes and the Warrants or securities described in Section 6.4(e)) or (y) under any right, option or warrant to purchase Common Stock of the Company whether issued prior to or after the date hereof or (B) under any rights, options or warrants to purchase Common Stock, whether issued prior to or after the date hereof, that which (in the case of clause (Ax) or (B) abovey)) results in a reduction in the exercise or purchase price with respect to such security security, right, option or rights warrant or results in an increase in the number of shares obtainable under such security security, right, option or rightswarrant, then an adjustment shall be made under this Section 4(e)(v6.4(h) to the current conversion price hereunder. Any such adjustment under this Section 4(e)(v6.4(h) shall be whichever of the following results in a lower current conversion price: lower
(1A) a reduction in the current conversion price equal to the percentage reduction in such exercise or purchase price with respect to such security security, right, option or rights warrant or (2B) a reduction in the current conversion price that which will result in the same percentage increase in the number of shares of Common Stock Shares available upon conversion of the Note under this Section 6 as the percentage increase in the number of shares of Common Stock available under such security security, right, option or rightswarrant. Any such adjustment under this Section 4(e)(v6.4(h) shall only be made only if it would result in a lower current conversion price than that which would be determined pursuant to any other antidilution adjustment otherwise required hereunder under this Section 6 as a result of the event or circumstance that which triggered the adjustment to the securities security, right, option or rights warrant described in clause (Ax) or (By) above (and if any such adjustment is so made under this Section 4(e)(v) 6.4(h), then such other antidilution adjustment otherwise required hereunder under this Section 6 shall not be made as a result of such event or circumstance).
Appears in 1 contract
Samples: Purchase Agreement (Westower Corp)
Antidilution Adjustments under other Securities. Without limiting ----------------------------------------------- any other rights available hereunder to the Holder, if there is an antidilution adjustment (Ax) under any security which is convertible into Common Stock (except for of the Notes), Company whether issued prior to or after the date hereof (except for the Notes and the Warrants) or (By) under any rightsright, options option or warrants warrant to purchase Common Stock, Stock of the Company whether issued prior to or after the date hereof, that hereof which (in the case of clause (Ax) or (B) abovey)) results in a reduction in the exercise or purchase price with respect to such security security, right, option or rights warrant or results in an increase in the number of shares obtainable under such security security, right, option or rightswarrant, then an adjustment shall be made under this Section 4(e)(v6.1(g) to the current conversion price Exercise Price hereunder. Any such adjustment under this Section 4(e)(v6.1(g) shall be whichever of the following results in a lower current conversion price: Exercise Price:
(1A) a reduction in the current conversion price Exercise Price equal to the percentage reduction in such exercise or purchase price with respect to such security security, right, option or rights warrant or (2B) a reduction in the current conversion price that Exercise Price which will result in the same percentage increase in the number of shares of Common Stock Warrant Shares available upon conversion of the Note under this Warrant as the percentage increase in the number of shares of Common Stock available under such security security, right, option or rightswarrant. Any such adjustment under this Section 4(e)(v6.1(g) shall only be made only if it would result in a lower current conversion price Exercise Price than that which would be determined pursuant to any other antidilution adjustment otherwise required hereunder under this Warrant as a result of the event or circumstance that which triggered the adjustment to the securities security, right, option or rights warrant described in clause (Ax) or (By) above (and if any such adjustment is so made under this Section 4(e)(v) 6.1(g), then such other antidilution adjustment otherwise required hereunder under this Section 6 shall not be made as a result of such event or circumstance).
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Antidilution Adjustments under other Securities. Without limiting any other rights available hereunder to the Holder, if there is an antidilution adjustment (Ax) under any security which is convertible into Common Stock (except for of the Notes), Company whether issued prior to or after the date hereof (except for this Warrant) or (By) under any rightsright, options option or warrants warrant to purchase Common Stock, Stock of the Company whether issued prior to or after the date hereof, that hereof which (in the case of clause (Ax) or (B) abovey)) results in a reduction in the exercise or purchase price with respect to such security security, right, option or rights warrant or results in an increase in the number of shares obtainable under such security security, right, option or rightswarrant, then an adjustment shall be made under this Section 4(e)(v6.1(g) to the current conversion price Exercise Price hereunder. Any such adjustment under this Section 4(e)(v6.1(g) shall be whichever of the following results in a lower current conversion priceExercise Price: (1A) a reduction in the current conversion price Exercise Price equal to the percentage reduction in such exercise or purchase price with respect to such security security, right, option or rights warrant or (2B) a reduction in the current conversion price that Exercise Price which will result in the same percentage increase in the number of shares of Common Stock Warrant Shares available upon conversion of the Note under this Warrant as the percentage increase in the number of shares of Common Stock available under such security security, right, option or rightswarrant. Any such adjustment under this Section 4(e)(v6.1(g) shall only be made only if it would result in a lower current conversion price Exercise Price than that which would be determined pursuant to any other antidilution adjustment otherwise required hereunder under this Warrant as a result of the event or circumstance that which triggered the adjustment to the securities security, right, option or rights warrant described in clause (Ax) or (By) above (and if any such adjustment is so made under this Section 4(e)(v) 6.1(g), then such other antidilution adjustment otherwise required hereunder under this Section 6 shall not be made as a result of such event or circumstance).
Appears in 1 contract
Samples: Purchase Agreement (Ubiquitel Inc)
Antidilution Adjustments under other Securities. Without limiting any other rights available hereunder to the Holderholders of the Series A Preferred Stock, if there is an antidilution adjustment (Ai) under any security which is convertible into Common Stock (except for the Notes)Convertible Securities, whether issued prior to or after the date hereof Issue Date, or (Bii) under any rights, options or warrants to purchase Common Additional Shares of Stock, whether issued prior to or after the date hereofIssue Date which, that (in the case of clause (A) or (B) above) either case, results in a reduction in the exercise or purchase price with respect to such security or rights or results in an increase in the number of shares Additional Shares of Stock obtainable under such security Convertible Security, right, option or rightswarrant, then an adjustment shall be made under this Section 4(e)(v) to the current conversion price Conversion Price hereunder. Any such adjustment under pursuant to this Section 4(e)(v5(d)(v) shall be by whichever of the following methods results in a lower current conversion price: Conversion Price:
(1A) a reduction in the current conversion price Conversion Price equal to the percentage reduction in such exercise or purchase price with respect to such security Convertible Security, right, option or rights warrant or (2B) a reduction in the current conversion price that Conversion Price which will result in the same percentage increase in the number of shares of Common Stock available upon conversion of the Note hereunder as the percentage increase in the number of shares Additional Shares of Common Stock available under such security Convertible Security, right, option or rightswarrant. Any such adjustment under this Section 4(e)(v5(d)(v) shall only be made only if it would result in a lower current conversion price Conversion Price than that which would be determined pursuant to any other antidilution adjustment otherwise required hereunder as a result of the event or circumstance that which triggered the adjustment to the securities such Convertible Security, right, option or rights described in clause (A) or (B) above (warrant, and if any such an adjustment is so made under pursuant to this Section 4(e)(v) then 5(d)(v), such other antidilution adjustment otherwise required hereunder shall not be made as a result of such event or circumstance).
Appears in 1 contract
Samples: Stock Purchase Agreement (Hudson Technologies Inc /Ny)
Antidilution Adjustments under other Securities. Without limiting any other rights available hereunder to the Holder, if there is an antidilution adjustment (Ax) under any security which is convertible into or exchangeable for Common Stock (except for the Notes), Shares whether issued prior to or after the date hereof (except for the Series A Preferred Shares and the Radian Warrants) or (By) under any rightsright, options option or warrants warrant to purchase Common Stock, Shares whether issued prior to or after the date hereof, that including, without limitation, the Radian Warrants, which (in the case of clause (Ax) or (B) abovey)) results in a reduction in the exercise or purchase price with respect to such security security, right, option or rights warrant to an amount less than the Exercise Price in effect at that time or results in an increase in the number of shares obtainable under such security security, right, option or rightswarrant which has an effect equivalent to lowering the conversion, exchange or exercise price to an amount less than such Exercise Price, then an adjustment shall be made under this Section 4(e)(v4(f) to the current conversion price hereundersuch Exercise Price. Any such adjustment under this Section 4(e)(v4(f) shall be whichever of the following results in a lower current conversion price: Exercise Price:
(1i) a reduction in the current conversion price Exercise Price equal to the percentage reduction in such exercise or purchase price with respect to such security security, right, option or rights or warrant multiplied by the Exercise Price, or
(2ii) a reduction in the current conversion price that Exercise Price which will result in the same percentage increase in the number of shares of Common Stock Shares available upon conversion of the Note under this Section 4 as the percentage increase in the number of shares of Common Stock available under such security security, right, option or rightswarrant. Any such adjustment under this Section 4(e)(v4(f) shall only be made only if it would result in a lower current conversion price Exercise Price than that which would be determined pursuant to any other antidilution adjustment otherwise required hereunder under this Section 4 as a result of the event or circumstance that which triggered the adjustment to the securities security, right, option or rights warrant described in clause (Ax) or (By) above of this Section 4(f) (and if any such adjustment is so made under this Section 4(e)(v) 4(f), then such other antidilution adjustment otherwise required hereunder under this Section 4 shall not be made as a result of such event or circumstance).
Appears in 1 contract
Antidilution Adjustments under other Securities. Without limiting ----------------------------------------------- any other rights available hereunder to the Holder, if there is an antidilution adjustment (Ax) under any security which is convertible into Common Stock (except for of the Notes), Company whether issued prior to or after the date hereof (except for the Notes and the Warrants) or (By) under any rightsright, options option or warrants warrant to purchase Common Stock, Stock of the Company whether issued prior to or after the date hereof, that hereof which (in the case of clause (Ax) or (B) abovey)) results in a reduction in the exercise or purchase price with respect to such security security, right, option or rights warrant or results in an increase in the number of shares obtainable under such security security, right, option or rightswarrant, then an adjustment shall be made under this Section 4(e)(v6.1(g) to the current conversion price Exercise Price hereunder. Any such adjustment under this Section 4(e)(v6.1(g) shall be whichever of the following results in a lower current conversion price: Exercise Price:
(1A) a reduction in the current conversion price Exercise Price equal to the percentage reduction in such exercise or purchase price with respect to such security security, right, option or rights warrant or (2B) a reduction in the current conversion price that Exercise Price which will result in the same percentage increase in the number of shares of Common Stock Warrant Shares available upon conversion of the Note under this Warrant as the percentage increase in the number of shares of Common Stock available under such security security, right, option or rightswarrant. Any such adjustment under this Section 4(e)(v6.1(g) shall only be made only if it would result in a lower current conversion price Exercise Price than that which would be determined pursuant to any other antidilution adjustment otherwise required hereunder under this Warrant as a result of the event or circumstance that which triggered the adjustment to the securities security, right, option or rights warrant described in clause (Ax) or (B) above (and if any such adjustment is so made under this Section 4(e)(v) then such other antidilution adjustment otherwise required hereunder shall not be made as a result of such event or circumstance).or
Appears in 1 contract
Samples: Purchase Agreement (Westower Corp)