Common use of Antidilution Rights Clause in Contracts

Antidilution Rights. Additional antidilution rights applicable to the Warrant Shares purchasable hereunder are as set forth in the Company’s Charter and shall be applicable with respect to the Warrant Shares issuable hereunder; provided, however, that, notwithstanding anything herein to the contrary, in no event shall any antidilution right set forth in the Company’s Charter apply hereto to the extent the application thereof would result in an increase to any Exercise Price or a reduction in the total number of Warrant Shares issuable upon exercise of this Warrant (assuming no Net Issuance). The Company shall promptly provide Warrantholder with any restatement, amendment, modification or waiver of the Charter that impairs or reduces such antidilution rights; provided, that, subject to the proviso to the immediately preceding sentence, no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Warrant Shares as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Warrant Shares in the same manner as it affects all other holders of Class A Common Stock. The Company shall provide Warrantholder with prompt written notice of any issuance of its stock or other equity security to occur after the Effective Date of this Warrant that triggered an antidilution adjustment hereunder the antidilution rights applicable pursuant to the Company’s Charter, which notice shall include (i) the price at which such stock or security is to be sold, (ii) the number of shares to be issued, and (iii) such other information as necessary for Warrantholder to determine if a dilutive event has occurred. For the avoidance of doubt, there shall be no duplicate anti-dilution adjustment pursuant to this subsection (d), the forgoing subsection (c) and the Company’s Charter.

Antidilution Rights. Additional antidilution rights applicable to the Warrant Shares purchasable hereunder are as set forth in the Company’s Charter and shall be applicable with respect to the Warrant Shares issuable hereunder; provided, however, that, notwithstanding anything herein to the contrary, in no event shall any antidilution right set forth in the Company’s Charter apply hereto to the extent the application thereof would result in an increase to any the Exercise Price or a reduction in the total number of Warrant Shares issuable upon exercise of this Warrant (assuming no Net Issuance). The Company shall promptly provide Warrantholder with any restatement, amendment, modification or waiver of the Charter that impairs or reduces such antidilution rights; provided, that, subject to the proviso to the immediately preceding sentence, no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Warrant Shares as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Warrant Shares in the same manner as it affects all other holders of Class A Common Stock. The Company shall provide Warrantholder with prompt written notice of any issuance of its stock or other equity security to occur after the Effective Date of this Warrant that triggered an antidilution adjustment hereunder the antidilution rights applicable pursuant to the Company’s Charter, which notice shall include (i) the price at which such stock or security is to be sold, (ii) the number of shares to be issued, and (iii) such other information as necessary for Warrantholder to determine if a dilutive event has occurred. For the avoidance of doubt, there shall be no duplicate anti-dilution adjustment pursuant to this subsection (d), the forgoing subsection (c) and the Company’s Charter.

Antidilution Rights. Additional To the extent that any antidilution rights applicable to the Warrant Shares Common Stock purchasable hereunder are as may be set forth in the Company’s Charter and shall be applicable with respect to Charter, the Warrant Shares issuable hereunder; provided, however, that, notwithstanding anything herein to the contrary, in no event shall any antidilution right set forth in the Company’s Charter apply hereto to the extent the application thereof would result in an increase to any Exercise Price or a reduction in the total number of Warrant Shares issuable upon exercise of this Warrant (assuming no Net Issuance). The Company shall promptly provide the Warrantholder with a copy of any restatement, amendment, modification or waiver of the Charter that impairs or reduces such antidilution rights; provided, that, subject to the proviso to the immediately preceding sentence, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable rights, if any, set forth in the Charter with respect to the Warrant Shares as of the date hereof Common Stock unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Warrant Shares Common Stock issuable hereunder generally in the same manner as it affects all other holders of Class A Common Stock. The Company shall shall, within ten (10) business days of the end of each fiscal quarter following the Effective Date, provide Warrantholder with prompt written notice of any issuance of its stock or other equity security to occur after the Effective Date of this Warrant during such fiscal quarter that triggered an antidilution adjustment hereunder under the antidilution rights applicable pursuant to the Company’s Common Stock purchasable hereunder, if any, as may be set forth in the Charter, which notice shall include (ia) the price at which such stock or security is to be was sold, (iib) the number of shares to be issued, and (iiic) such other information as reasonably necessary for Warrantholder to determine if a dilutive event has occurredverify that such antidilution adjustment occurred and the amount of any such adjustment. For the avoidance of doubt, there shall be no duplicate anti-dilution antidilution adjustment pursuant to this subsection (de), the forgoing subsection (cd) and the Company’s Charter.

Antidilution Rights. Additional antidilution rights applicable to the Warrant Shares Preferred Stock purchasable hereunder are as set forth in the Company’s Charter and shall be applicable with respect to the Warrant Shares Preferred Stock issuable hereunder; provided, however, that, notwithstanding anything herein to the contrary, in no event shall any antidilution right set forth in the Company’s Charter apply hereto to the extent the application thereof would result in an increase to any Exercise Price or a reduction in the total number of Warrant Shares issuable upon exercise of this Warrant (assuming no Net Issuance). The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter that impairs or reduces such antidilution rightsCharter; provided, that, subject to the proviso to the immediately preceding sentence, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Warrant Shares Preferred Stock as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Warrant Shares Preferred Stock in the same manner as it affects all other holders of Class A Common Preferred Stock. The Company shall provide Warrantholder with prompt prior written notice of any issuance of its stock or other equity security to occur after the Effective Date of this Warrant that triggered an antidilution adjustment hereunder the antidilution rights applicable pursuant to the Company’s CharterAgreement, which notice shall include (ia) the price at which such stock or security is to be sold, (iib) the number of shares to be issued, and (iiic) such other information as necessary for Warrantholder to determine if a dilutive event has occurred. For the avoidance of doubt, there shall be no duplicate anti-dilution adjustment pursuant to this subsection (de), the forgoing subsection (cd) and the Company’s Charter.

Antidilution Rights. Additional antidilution rights applicable to the Warrant Shares Preferred Stock purchasable hereunder are as set forth in the Company’s Charter and shall be applicable with respect to the Warrant Shares Preferred Stock issuable hereunder (for the avoidance of doubt, any waivers of antidilution adjustments with respect to the Preferred Stock effected from time to time in accordance with the terms of the Charter shall be applicable with respect to the Preferred Stock issuable hereunder; provided, however, that, notwithstanding anything herein to the contrary, in no event shall any antidilution right set forth in the Company’s Charter apply hereto to the extent the application thereof would result in an increase to any Exercise Price or a reduction in the total number of Warrant Shares issuable upon exercise of this Warrant (assuming no Net Issuance). The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter that impairs applicable to the Preferred Stock or reduces such antidilution rightsany other securities for which this Warrant shall then be exercisable; provided, that, subject to the proviso to the immediately preceding sentence, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Warrant Shares Preferred Stock as of the date hereof Effective Date unless such amendment, modification or waiver affects the rights applies to all then outstanding shares of Warrantholder with respect to the Warrant Shares Preferred Stock in the same manner as it affects all other holders of Class A Common Stockmanner. The Company shall provide Warrantholder with prompt written notice In the event of any issuance by the Company of any of its stock or other equity security to occur after the Effective Date of this Warrant Agreement that triggered an antidilution adjustment hereunder results in the application of antidilution rights applicable pursuant to for the Company’s CharterPreferred Stock purchasable hereunder, which the Company shall provide the Warrantholder with notice shall include of such issuance within ten (i10) days following the price at which closing of such stock or security is to be sold, (ii) the number of shares to be issuedissuance, and (iii) the Company shall provide the Warrantholder with such other information as the Warrantholder reasonably requests in connection with Warrantholder’s determination of the effect of such issuance on this Warrant. The Company shall provide the Warrantholder with such information as is reasonably necessary for the Warrantholder to determine if a dilutive event has occurredthe effect of such issuances on this Warrant. For the avoidance of doubt, there shall be no duplicate anti-dilution antidilution adjustment pursuant to this subsection (de), the forgoing foregoing subsection (cd) and the Company’s Charter.

Antidilution Rights. All Warrant Shares to be issued hereunder shall rank pari passu and form one class with the Warrant Shares issued and outstanding on the relevant date of exercise of such Warrants. Additional antidilution rights applicable to the Warrant Shares purchasable issuable hereunder are as set forth in the Company’s Charter Articles and/or such other agreements entered into by shareholders of the Company and shall be applicable with respect to the Warrant Shares issuable hereunder; provided, however, that, notwithstanding anything herein to the contrary, in no event shall any antidilution right set forth in the Company’s Charter apply hereto to the extent the application thereof would result in an increase to any Exercise Price or a reduction in the total number of Warrant Shares issuable upon exercise of this Warrant (assuming no Net Issuance). The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter that impairs or reduces such antidilution rightsArticles and/or the Shareholders Agreements; provided, that, subject to the proviso to the immediately preceding sentence, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Warrant Shares as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Warrant Shares in the same manner as it affects all other holders of Class A Common StockWarrant Shares. The Company shall provide Warrantholder with prompt prior written notice of any issuance of its stock shares in the share capital of the Company or other equity security to occur after the Effective Date of this Warrant that triggered an antidilution adjustment hereunder the antidilution rights applicable pursuant to the Company’s CharterAgreement, which notice shall include (ia) the price at which such stock shares or security is to be soldissued, (iib) the number of shares to be issued, and (iiic) such other information as necessary for Warrantholder to determine if a dilutive event has occurred. For the avoidance of doubt, there shall be no duplicate anti-dilution adjustment pursuant to this subsection (de), the forgoing subsection (cd) and the Company’s CharterArticles.

Antidilution Rights. Additional antidilution rights applicable to the Warrant Shares Preferred Stock purchasable hereunder are as set forth in the Company’s Charter and shall be applicable with respect to the Warrant Shares Preferred Stock issuable hereunder; provided, however, that, notwithstanding anything herein to the contrary, in no event shall any antidilution right set forth in the Company’s Charter apply hereto to the extent the application thereof would result in an increase to any Exercise Price or a reduction in the total number of Warrant Shares issuable upon exercise of this Warrant (assuming no Net Issuance). The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter that impairs or reduces such antidilution rightsCharter; provided, that, subject to the proviso to the immediately preceding sentence, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Warrant Shares Preferred Stock as of the date hereof hereof, without the Warrantholder’s consent, unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Warrant Shares Preferred Stock in the same manner as it affects all other holders of Class A Common Preferred Stock. The Company shall provide Warrantholder with prompt prior written notice of any issuance of its stock or other equity security to occur after the Effective Date of this Warrant that triggered an antidilution adjustment hereunder the antidilution rights applicable pursuant to Agreement (other than (i) stock issued as a dividend upon the Company’s CharterSeries C Preferred Stock or Series C-1 Preferred Stock, and (ii) stock, options and other securities issued pursuant to any incentive equity plan of the Company), which notice shall include (ia) the price at which such stock or security is to be sold, (iib) the number of shares to be issued, and (iiic) such other information as necessary for Warrantholder to determine if a dilutive event has occurred. For the avoidance of doubt, there shall be no duplicate anti-dilution adjustment pursuant to this subsection (de), the forgoing subsection (cd) and the Company’s Charter.

Antidilution Rights. Additional antidilution rights applicable to the Warrant Shares Preferred Stock purchasable hereunder are as set forth in the Company’s Charter and shall be applicable with respect to the Warrant Shares Preferred Stock issuable hereunder; provided, however, that, notwithstanding anything herein to the contrary, in no event shall any antidilution right set forth in the Company’s Charter apply hereto to the extent the application thereof would result in an increase to any Exercise Price or a reduction in the total number of Warrant Shares issuable upon exercise of this Warrant (assuming no Net Issuance). The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter that impairs or reduces such antidilution rightsCharter; provided, that, subject to the proviso to the immediately preceding sentence, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Warrant Shares Preferred Stock as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Warrant Shares Preferred Stock in the same manner as it affects all other holders of Class A Common Preferred Stock. The Company shall provide Warrantholder with prompt written notice of any issuance of its stock or other equity security to occur after the Effective Date of this Warrant that triggered an antidilution adjustment hereunder the antidilution rights applicable pursuant to the Company’s CharterAgreement, which notice shall include (ia) the price at which such stock or security is to be sold, (iib) the number of shares to be issued, and (iiic) such other information as necessary for Warrantholder to determine if a dilutive event has occurred. For the avoidance of doubt, there shall be no duplicate anti-dilution adjustment pursuant to this subsection (de), the forgoing subsection (cd) and the Company’s Charter. Notwithstanding the foregoing, the Company shall be under no obligation to provide notice under this Section 8(e) with respect to Excluded Shares (as that term is defined in the Charter).

Antidilution Rights. Additional antidilution rights applicable to the Warrant Shares Stock purchasable hereunder are as set forth in the Company’s Charter and shall be applicable with respect to the Warrant Shares Stock issuable hereunder; provided, however, that, notwithstanding anything herein to the contrary, in no event shall any antidilution right set forth in the Company’s Charter apply hereto to the extent the application thereof would result in an increase to any Exercise Price or a reduction in the total number of Warrant Shares issuable upon exercise of this Warrant (assuming no Net Issuance). The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter that impairs or reduces such antidilution rightsCharter; provided, that, subject to the proviso to the immediately preceding sentence, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Warrant Shares Stock as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Warrant Shares Stock in the same manner as it affects all other holders of Class A Common Warrant Stock. , The Company shall provide Warrantholder with prompt written notice of after any issuance of its stock or other any equity security to occur issued in a bona fide financing after the Effective Date of this Warrant that triggered an antidilution adjustment hereunder the antidilution rights applicable pursuant to the Company’s CharterWarrant, which notice shall include (ia) the price at which such stock or security is to be was sold, (iib) the number of shares to be issued, and (iiic) such other information as necessary for Warrantholder to determine if a dilutive event has occurred. For the avoidance of doubt, there shall be no duplicate anti-dilution adjustment pursuant to this subsection (de), the forgoing subsection (cd) and the Company’s Charter.

Antidilution Rights. Additional antidilution rights applicable to the Warrant Shares Preferred Stock purchasable hereunder are as set forth in the Company’s Charter Certificate of Incorporation as amended through the Effective Date (the “Charter”) and shall be applicable with respect to the Warrant Shares Preferred Stock issuable hereunder; provided. Without limiting the foregoing, howeverthe Exercise Price, that, notwithstanding anything herein to the contrary, in no event shall any antidilution right set forth in the Company’s Charter apply hereto to the extent the application thereof would result in an increase to any Exercise Price or a reduction in the total number of Warrant Shares shares of Preferred Stock issuable upon exercise of this Warrant (assuming no Net Issuance)Warrant, Agreement and/or the number of shares of Common Stock issuable upon conversion of the Preferred Stock, shall be subject to adjustment, from time to time, as provided in the Charter. The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter that impairs or reduces such antidilution rightsCharter; provided, that, subject to the proviso to the immediately preceding sentence, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Warrant Shares Preferred Stock as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Warrant Shares Preferred Stock in the same manner as it affects all other holders of Class A Common Preferred Stock. The To the extent the Company provides notice to all existing Series E Preferred stockholders, the Company shall provide Warrantholder with prompt prior written notice of any issuance of its stock or other equity security to occur after the Effective Date of this Warrant that triggered an antidilution adjustment hereunder the antidilution rights applicable pursuant to the Company’s CharterAgreement, which notice shall include (ia) the price at which such stock or security is to be sold, (iib) the number of shares to be issued, and (iiic) such other information as necessary for Warrantholder to determine if a dilutive event has occurred. For the avoidance of doubt, there shall be no duplicate anti-dilution adjustment pursuant to this subsection (df), the forgoing subsection (cd) and the Company’s Charter.

Antidilution Rights. Additional antidilution rights applicable to the Warrant Preferred Class C Shares purchasable hereunder are as set forth in Section 4.12 of the Company’s Charter Operating Agreement and shall be applicable with respect to the Warrant Preferred Class C Shares issuable hereunder; provided, however, that, notwithstanding anything herein to the contrary, in no event shall any antidilution right set forth in the Company’s Charter apply hereto to the extent the application thereof would result in an increase to any Exercise Price or a reduction in the total number of Warrant Shares issuable upon exercise of this Warrant (assuming no Net Issuance). The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter Operating Agreement that impairs or reduces such impacts the antidilution rightsrights applicable to the Preferred Class C Shares; provided, that, subject to the proviso to the immediately preceding sentence, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Warrant Preferred Class C Shares as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Warrant Preferred Class C Shares in the same manner as it affects all other holders of Preferred Class A Common StockC Shares. The Company shall provide Warrantholder with prompt written notice of any issuance of its stock or other equity security (excluding issuances to employees or other service providers as a result of the exercise of stock options or grants to stock rights that are excluded from any antidilution adjustments under the Operating Agreement) to occur after the Effective Date of this Warrant that triggered an antidilution adjustment hereunder Agreement promptly after the antidilution rights applicable pursuant to the Company’s Charterissuance of such stock or other equity security, which notice shall include (ia) the price at which such stock or security is to be sold, (iib) the number of shares to be issued, and (iiic) such other information as necessary for Warrantholder to determine if a dilutive event has occurred. For the avoidance of doubt, there shall be no duplicate anti-dilution adjustment pursuant to this subsection (de), the forgoing subsection (cd) and the Company’s CharterOperating Agreement.

Antidilution Rights. Additional To the extent that any antidilution rights applicable to the Warrant Shares Common Stock purchasable hereunder are as may be set forth in the Company’s Charter and shall be applicable with respect to Charter, the Warrant Shares issuable hereunder; provided, however, that, notwithstanding anything herein to the contrary, in no event shall any antidilution right set forth in the Company’s Charter apply hereto to the extent the application thereof would result in an increase to any Exercise Price or a reduction in the total number of Warrant Shares issuable upon exercise of this Warrant (assuming no Net Issuance). The Company shall promptly provide the Warrantholder with a copy of any restatement, amendment, modification or waiver of the Charter that impairs or reduces such antidilution rights; provided, that, subject to the proviso to the immediately preceding sentence, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable rights, if any, set forth in the Company’s Charter with respect to the Warrant Shares as of the date hereof Common Stock issuable hereunder unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Warrant Shares Common Stock issuable hereunder in the same manner as it affects all other holders of Class A Common Stock. The Company shall shall, within ten (10) business days of the end of each fiscal quarter following the Effective Date, provide Warrantholder with prompt written notice of any issuance of its stock or other equity security to occur after the Effective Date of this Warrant during such fiscal quarter that triggered an antidilution adjustment hereunder under the antidilution rights applicable pursuant to the Common Stock purchasable hereunder, if any, set forth in the Company’s CharterCharter , which notice shall include (ia) the price at which such stock or security is to be was sold, (iib) the number of shares to be issued, and (iiic) such other information as reasonably necessary for Warrantholder to determine if a dilutive event has occurredverify that such antidilution adjustment occurred and the amount of any such adjustment. For the avoidance of doubt, there shall be no duplicate anti-dilution antidilution adjustment pursuant to this subsection (de), the forgoing subsection (cd) and the Company’s Charter.

Antidilution Rights. Additional antidilution rights applicable to the Warrant Shares purchasable hereunder are as set forth in the Company’s Charter and shall be applicable with respect to the Warrant Shares issuable hereunder; provided, however, that, notwithstanding anything herein to the contrary, in no event shall any antidilution right set forth in the Company’s Charter apply hereto to the extent the application thereof would result in an increase to any Exercise Price or a reduction in the total number of Warrant Shares issuable upon exercise of this Warrant (assuming no Net Issuance). The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter that impairs or reduces such antidilution rightsCharter; provided, that, subject to the proviso to the immediately preceding sentence, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Warrant Shares as of the date hereof Effective Date unless such amendment, modification or waiver affects the rights of the Warrantholder with respect to the Warrant Shares in the same manner as it affects all other holders of Class A Common StockWarrant Shares. The Company shall provide the Warrantholder with prompt prior written notice of any issuance of its stock share capital or other equity security to occur after the Effective Date of this Warrant Agreement (but excluding any issuances that triggered an antidilution adjustment hereunder are “Excluded Securities” as defined in the antidilution rights applicable pursuant to the Company’s Charter), which notice shall include (i) the price at which such stock share capital or security is are to be sold, (ii) the number of shares to be issued, issued and (iii) such other information as necessary for the Warrantholder to determine if a dilutive event has occurred. For the avoidance of doubt, there shall be no duplicate anti-dilution adjustment pursuant to this subsection (de), the forgoing subsection (cd) and the Company’s Charter.