Antidilution Rights. Additional antidilution rights applicable to the Preferred Stock purchasable hereunder are as set forth in the Charter and shall be applicable with respect to the Preferred Stock issuable hereunder. The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter; provided, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Preferred Stock unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Preferred Stock in the same manner as it affects all other holders of Preferred Stock. The Company shall provide Warrantholder with prior written notice of any issuance of its stock or other equity security to occur after the Effective Date of this Agreement, which notice shall include (a) the price at which such stock or security is to be sold, (b) the number of shares to be issued, and (c) 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 (e), the forgoing subsection (d) and the Charter.
Appears in 6 contracts
Samples: Warrant Agreement (Quanterix Corp), Warrant Agreement (Quanterix Corp), Warrant Agreement (Quanterix Corp)
Antidilution Rights. Additional antidilution rights applicable to the Preferred Stock purchasable hereunder hereunder, if applicable, are as set forth in the Charter and shall be applicable with respect to the 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). The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the CharterCharter applicable to the Preferred Stock or any other securities for which this Warrant shall then be exercisable; provided, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Preferred Stock as of the Effective Date unless such amendment, modification or waiver affects the rights applies to all then outstanding shares of Warrantholder with respect to the Preferred Stock in the same manner as it affects all other holders of Preferred Stock. The Company shall provide Warrantholder with prior written notice of any issuance of its stock or other equity security to occur after the Effective Date of this Agreement, which notice shall include (a) the price at which such stock or security is to be sold, (b) the number of shares to be issued, and (c) such other information as necessary for Warrantholder to determine if a dilutive event has occurredmanner. For the avoidance of doubt, there shall be no duplicate anti-dilution antidilution adjustment pursuant to this subsection (eg), the forgoing foregoing subsection (df) and the Charter.
Appears in 5 contracts
Samples: Credit Agreement (Intuity Medical, Inc.), Warrant Agreement (Intuity Medical, Inc.), Warrant Agreement (Intuity Medical, Inc.)
Antidilution Rights. Additional antidilution Antidilution rights applicable to the Preferred Common Stock purchasable hereunder hereunder, if any, are as set forth in the Charter and shall be applicable with respect to the Preferred Stock issuable hereunderCharter. The Company shall promptly provide the Warrantholder with a copy of any restatement, amendment, modification or waiver of the Charter; provided, that no such restatement, amendment, modification or waiver shall impair or reduce the antidilution rights rights, if any, applicable to the Preferred Common Stock unless such restatement, amendment, modification or waiver affects the rights of Warrantholder with respect to the Preferred Common Stock purchasable hereunder in the same manner as it affects all other holders of Preferred the Common Stock. The Company shall shall, within ten (10) business days of the end of each fiscal quarter following the Effective Date in which an antidilution adjustment with respect to the Common Stock purchasable hereunder occurred pursuant to the Charter, provide Warrantholder with prior written notice of any issuance of its stock or other equity security to occur after the Effective Date of this Agreementduring such fiscal quarter that triggered such an antidilution adjustment, which notice shall include (a) the price at which such stock or security is to be was sold, (b) the number of shares to be issued, and (c) 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 (e), the forgoing subsection (d) and the Charter.
Appears in 4 contracts
Samples: Warrant Agreement (Aveo Pharmaceuticals Inc), Warrant Agreement (Aveo Pharmaceuticals Inc), Warrant Agreement (Aveo Pharmaceuticals Inc)
Antidilution Rights. Additional antidilution rights applicable to the Preferred Stock purchasable hereunder are as set forth in the Company’s Charter and shall be applicable with respect to the Preferred Stock issuable hereunder. The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter; provided, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Preferred Stock as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Preferred Stock in the same manner as it affects all other holders of Preferred Stock. The Company shall provide Warrantholder with prior written notice of any issuance of its stock or other equity security to occur after the Effective Date of this Agreement, which notice shall include (a) the price at which such stock or security is to be sold, (b) the number of shares to be issued, and (c) 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 (e), the forgoing subsection (d) and the Company’s Charter.
Appears in 3 contracts
Samples: Warrant Agreement (Box Inc), Warrant Agreement (Box Inc), Warrant Agreement (BrightSource Energy Inc)
Antidilution Rights. Additional antidilution rights applicable to the Preferred Common Stock purchasable hereunder are as set forth in the Charter and shall be applicable with respect to the Preferred Common Stock issuable hereunder. The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter; provided, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Preferred Common Stock as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Preferred Common Stock in the same manner as it affects all other holders of Preferred Common Stock. The Company shall provide Warrantholder with prior written notice of any issuance of its stock or other equity security to occur after the Effective Date of this Agreement, which notice shall include (a) the price at which such stock or security is to be sold, (b) the number of shares to be issued, and (c) 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 (e), the forgoing foregoing subsection (d) and the Charter.
Appears in 3 contracts
Samples: Warrant Agreement (Neuralstem, Inc.), Warrant Agreement (Neuralstem, Inc.), Warrant Agreement (Neuralstem, Inc.)
Antidilution Rights. Additional antidilution rights applicable to the Preferred Stock purchasable hereunder are as set forth in the Charter and shall be applicable with respect to the Preferred Stock issuable hereunder. The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter; provided, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Preferred Stock as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Preferred Stock in the same manner as it affects all other holders of Preferred Stock. The Company shall provide Warrantholder with prior written notice of any issuance of its stock or other equity security to occur after the Effective Date of this AgreementAgreement if such issuance results in an adjustment under the antidilution rights set forth in the Charter, which notice shall include (a) the price at which such stock or security is to be sold, (b) the number of shares to be issued, and (c) 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 (e), the forgoing subsection (d) and the Charter.
Appears in 2 contracts
Samples: Warrant Agreement (Outset Medical, Inc.), Warrant Agreement (Outset Medical, Inc.)
Antidilution Rights. Additional antidilution rights applicable to the Preferred Warrant Stock purchasable hereunder are as set forth in the Company’s Charter and shall be applicable with respect to the Preferred Warrant Stock issuable hereunder. The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter; provided, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Preferred Warrant Stock as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Preferred Warrant Stock in the same manner as it affects all other holders of Preferred Warrant Stock. The Company shall provide Warrantholder with prior 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 AgreementWarrant, which notice shall include (a) the price at which such stock or security is to be was sold, (b) the number of shares to be issued, and (c) 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 (e), the forgoing subsection (d) and the Company’s Charter.
Appears in 2 contracts
Samples: Warrant Agreement (Horizon Pharma, Inc.), Warrant Agreement (Horizon Pharma, Inc.)
Antidilution Rights. Additional antidilution rights applicable to the Preferred Stock purchasable hereunder are as set forth in the Charter and shall be applicable with respect to the Preferred Stock issuable hereunder. The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter; provided, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Preferred Stock as of the date hereof, without the Warrantholder’s consent, unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Preferred Stock in the same manner as it affects all other holders of Preferred Stock. The Company shall provide Warrantholder with prior written notice of any issuance of its stock or other equity security to occur after the Effective Date of this AgreementAgreement (other than (i) stock issued as a dividend upon the Company’s Series 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 (a) the price at which such stock or security is to be sold, (b) the number of shares to be issued, and (c) 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 (e), the forgoing subsection (d) and the Charter.
Appears in 2 contracts
Samples: Warrant Agreement (Edge Therapeutics, Inc.), Warrant Agreement (Edge Therapeutics, Inc.)
Antidilution Rights. Additional antidilution rights contained in the Charter shall be applicable to the Preferred Stock purchasable issuable hereunder are as set forth in the Charter and shall be applicable with respect to the if such Preferred Stock issuable hereunderwere issued and outstanding. The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter; provided, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Preferred Stock as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Preferred Stock in the same manner as it affects all other holders of Preferred Stock. The If and to the extent that there is any notice under the Charter required to be provided to holders of Preferred Stock regarding any dilutive event, the Company shall provide Warrantholder with prior written a copy of such notice of any issuance of its stock or other equity security to occur after the Effective Date of this Agreement, which notice shall include (a) the price at which such stock or security is to be sold, (b) the number of shares to be issued, and (c) such other information as necessary for Warrantholder to determine if a dilutive event has occurredWarrantholder. For the avoidance of doubt, there shall be no duplicate anti-dilution adjustment pursuant to this subsection (e), the forgoing foregoing subsection (d) and the Charter.
Appears in 2 contracts
Samples: Warrant Agreement (Elixir Pharmaceuticals Inc), Warrant Agreement (Elixir Pharmaceuticals Inc)
Antidilution Rights. Additional antidilution Antidilution rights applicable to the Preferred Common Stock purchasable hereunder are shall be as set forth in the Company’s Charter from time to time and shall be applicable with respect to the Preferred Common Stock issuable hereunder. The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter; provided, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Preferred Common Stock as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Preferred Common Stock in the same manner as it affects all other holders of Preferred Common Stock. The Company shall provide Warrantholder with prior written notice of any issuance of its stock or other equity security to occur after the Effective Date of this Agreement, which notice shall include (a) the price at which such stock or security is to be sold, (b) the number of shares to be issued, and (c) such other information as necessary for Warrantholder to determine if a dilutive event has occurredoccurred and the number of additional shares of Common Stock that may be purchased upon the occurrence of any dilutive event. For the avoidance of doubt, there shall be no duplicate anti-dilution adjustment pursuant to this subsection (e), the forgoing subsection (d) and the Company’s Charter.
Appears in 2 contracts
Samples: Warrant Agreement (Babyuniverse, Inc.), Warrant Agreement (Babyuniverse, Inc.)
Antidilution Rights. Additional antidilution anti dilution rights applicable to the Preferred Stock purchasable hereunder are as set forth in the Company’s Charter and shall be applicable with respect to the Preferred Stock issuable hereunder. The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter; provided, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Preferred Stock as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Preferred Stock in the same manner as it affects all other holders of Preferred Stock. The Company shall provide Warrantholder with prior written notice of any issuance of its stock or other equity security to occur after the Effective Date of this Agreement, which notice shall include (a) the price at which such stock or security is to be sold, (b) the number of shares to be issued, and (c) 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 (e), the forgoing subsection (d) and the Company’s Charter.
Appears in 1 contract
Samples: Warrant Agreement (Box Inc)
Antidilution Rights. Additional antidilution rights applicable to the Preferred Stock purchasable hereunder are as set forth in the Charter and shall be applicable with respect to the Preferred Stock issuable hereunder. The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter; provided, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Preferred Stock as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Preferred Stock in the same manner as it affects all other holders of Preferred Stock. The Company shall provide Warrantholder with prior written notice of any issuance of its stock or other equity security to occur after the Effective Date of this AgreementDate, which notice shall include (a) the price at which such stock or security is to be sold, (b) the number of shares to be issued, and (c) such other information as is reasonably 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 (e), the forgoing subsection (d) and the Charter.
Appears in 1 contract
Antidilution Rights. Additional antidilution rights applicable to the Preferred Stock purchasable hereunder are as set forth in the Charter and shall be applicable with respect to the Preferred Stock issuable hereunder. The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter; provided, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Preferred Stock as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Preferred Stock in the same manner as it affects all other holders of Preferred Stock. The Company shall provide Warrantholder with prior written notice of any issuance of its stock or other equity security to occur after the Effective Date of this Agreement, which notice shall include (a) the price at which such stock or security is to be sold, (b) the number of shares to be issued, and (c) 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 (e), the forgoing subsection (d) and the Charter.
Appears in 1 contract
Samples: Warrant Agreement (Neothetics, Inc.)
Antidilution Rights. Additional antidilution rights applicable to the Preferred Warrant Stock purchasable hereunder are as set forth in the Company’s Charter and shall be applicable with respect to the Preferred Warrant Stock issuable hereunder. The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter; : provided, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Preferred Warrant Stock as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Preferred Warrant Stock in the same manner as it affects all other holders of Preferred Warrant Stock. The Company shall provide Warrantholder with prior 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 AgreementWarrant, which notice shall include (a) the price at which such stock or security is to be was sold, (b) the number of shares to be issued, and (c) 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 (e), the forgoing subsection (d) and the Company’s Charter.
Appears in 1 contract
Antidilution Rights. Additional antidilution rights applicable to the Preferred Stock purchasable hereunder are as set forth in the Charter and shall be applicable with respect to the Preferred Stock issuable hereunder. The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter; provided, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Preferred Stock as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Preferred Stock in the same manner as it affects all other holders of such Preferred Stock. The Company shall provide Warrantholder with prior written notice of any issuance of its stock or other equity security to occur after the Effective Date of this Agreement, which notice shall include (a) the price at which such stock or security is to be sold, (b) the number of shares to be issued, and (c) 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 the forgoing subsections (c) or (d) or this subsection (e), the forgoing subsection (d) and the Charter.
Appears in 1 contract
Samples: Warrant Agreement (Avedro Inc)
Antidilution Rights. Additional antidilution Antidilution rights applicable to the Preferred Stock purchasable hereunder are as set forth in the Charter Company’s Charter, and shall be applicable with respect to the Preferred Stock issuable hereunder. The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter; provided, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Preferred Stock as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Preferred Stock in the same manner as it affects all other holders of Preferred Stock. The Company shall shall, on a quarterly basis, provide Warrantholder with prior written notice the capitalization of any issuance of its stock or other equity security to occur after the Effective Date of this Agreement, which notice shall include (a) Company in writing including the price at which such stock or security is to be sold, (b) the total number of shares to be issuedshares, warrants and (c) options outstanding at the end of such other information as necessary for Warrantholder to determine if a dilutive event has occurredquarter. For the avoidance of doubt, there shall be no duplicate anti-dilution adjustment pursuant to this subsection (e), the forgoing subsection (d) and the CharterCompany’s Charier.
Appears in 1 contract
Antidilution Rights. Additional antidilution rights applicable to the Preferred Stock purchasable hereunder are as set forth in the Charter and shall be applicable with respect to the Preferred Stock issuable hereunder. The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter; provided, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Preferred Stock as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Preferred Stock in the same manner as it affects all other holders of Preferred Stock. The Company shall provide Warrantholder with prior prompt written notice of any issuance of its stock or other equity security to occur after the Effective Date of this Agreement, which notice shall include (a) the price at which such stock or security is to be sold, (b) the number of shares to be issued, and (c) 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 (e), the forgoing subsection (d) and the 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).
Appears in 1 contract
Samples: Warrant Agreement (908 Devices Inc.)
Antidilution Rights. Additional antidilution Antidilution rights applicable to the Preferred Stock purchasable hereunder are as set forth in the Company’s Charter and shall be applicable with respect to the Preferred Stock issuable hereunder. The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter; provided, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Preferred Stock as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Preferred Stock in the same manner as it affects all other holders of Preferred Stock. The Company shall provide Warrantholder with prior written notice of any issuance of its stock or other equity security to occur “Additional Shares of Common Stock” (as defined in the Company’s Charter) after the Effective Date of this Agreement, which notice shall include (a) the price at which such stock or security is to be sold, (b) the number of shares to be issued, and (c) such other information as necessary for Warrantholder to determine if a dilutive event has occurredreasonably requested by Warrantholder. For the avoidance of doubt, there shall be no duplicate anti-dilution adjustment pursuant to this subsection (e), the forgoing subsection (d) Section 8 and the applicable subsection of the Company’s Charter.
Appears in 1 contract
Antidilution Rights. Additional To the extent that additional antidilution rights applicable to the Preferred Stock stock purchasable hereunder are as may be set forth in the Company’s Charter and shall be applicable with respect to the Preferred Stock stock issuable hereunder. The , the Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter; provided, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Preferred Stock stock as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Preferred Common Stock in the same manner as it affects all other holders of Preferred Common Stock. The Company shall provide Warrantholder with prior written notice of any issuance of its stock or other equity security to occur after the Effective Date of this AgreementWarrant, which notice shall include (a) the price at which such stock or security is to be sold, (b) the number of shares to be issued, and (c) 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 (e), the forgoing subsection (d) and the Company’s Charter.
Appears in 1 contract
Antidilution Rights. Additional antidilution rights applicable to the Preferred Stock purchasable hereunder are as set forth in the Charter and shall be applicable with respect to the Preferred Stock issuable hereunder. The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter; provided, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Preferred Stock as of the date hereof unless such amendment, modification or waiver affects the rights of the Warrantholder with respect to the Preferred Stock in the same manner as it affects all other holders of Preferred Stock. The Company shall provide the Warrantholder with prior written notice of any issuance of its stock or other equity security to occur after the Effective Date of this Agreement, which notice shall include (a) the price at which such stock or security is to be sold, (b) the number of shares to be issued, and (c) 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 (e), the forgoing subsection (d) and the Charter.
Appears in 1 contract
Samples: Warrant Agreement (Arsanis, Inc.)
Antidilution Rights. Additional antidilution rights applicable to the Preferred Stock Shares purchasable hereunder are as set forth in the Charter and shall be applicable with respect to the Preferred Stock Shares issuable hereunder. The Company shall promptly provide the Warrantholder Warrant Holder with any restatement, amendment, modification or waiver of the Charter; provided, that no such restatement, amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Preferred Stock Shares as of the date hereof unless such restatement, amendment, modification or waiver affects the rights of Warrantholder the Warrant Holder with respect to the Preferred Stock Shares in the same manner as it affects all other holders of Preferred Stocksuch Shares. The Company shall provide Warrantholder the Warrant Holder with prior written notice of any issuance of its stock or other equity security to occur after the Effective Date of this Agreementdate hereof, which notice shall include (ai) the price at which such stock or security is to be sold, (bii) the number of shares to be issued, and (ciii) such other information as necessary for Warrantholder the Warrant Holder to determine if a dilutive event has occurred. For the avoidance of doubt, there shall be no duplicate anti-dilution antidilution adjustment pursuant to the foregoing subsection (a) of this Section 5 or this subsection (eb), the forgoing subsection (d) and the Charter.
Appears in 1 contract
Samples: Avedro Inc
Antidilution Rights. Additional antidilution rights applicable to the Preferred Stock purchasable hereunder are as set forth in the Charter and shall be applicable with respect to the Preferred Stock issuable hereunder. The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter; provided, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Preferred Stock unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Preferred Stock in the same manner as it affects all other holders of Preferred Stock. The Company shall provide Warrantholder with prior written notice of any issuance of its stock or other equity security to occur after the Effective Date of this Agreement, which notice shall include (a) the price at which such stock or security is to be sold, (b) the number of shares to be issued, and (c) such other information as necessary for Warrantholder to determine if a dilutive event has occurred; provided that failure to provide such notice shall not constitute a breach of this Warrant unless Warrantholder is materially prejudiced thereby. For the avoidance of doubt, there shall be no duplicate anti-dilution adjustment pursuant to this subsection (e), the forgoing subsection (d) and the Charter...
Appears in 1 contract
Samples: Warrant Agreement (Melinta Therapeutics, Inc. /New/)
Antidilution Rights. Additional antidilution rights applicable to the Preferred Stock Units purchasable hereunder are as set forth in the Charter Organizational Documents and shall be applicable with respect to the Preferred Stock Units issuable hereunder. The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the CharterOrganizational Documents; provided, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Preferred Stock Units as of the date hereof unless such amendment, modification or waiver affects the rights of the Warrantholder with respect to the Preferred Stock Units in the same manner as it affects all other holders of Preferred StockUnits. The Company shall provide the Warrantholder with prior written notice of any issuance of its stock units or other equity security to occur after the Effective Date of this Agreement, which notice shall include (a) the price at which such stock or security equity interest is to be sold, (b) the number of shares equity interests to be issued, and (c) 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 (e), the forgoing subsection (d) and the CharterOrganizational Documents.
Appears in 1 contract
Samples: Warrant Agreement (Proteostasis Therapeutics, Inc.)
Antidilution Rights. Additional antidilution rights applicable to the Preferred Stock purchasable hereunder are as set forth in the Company’s Charter and shall be applicable with respect to the Preferred Stock issuable hereunder. The Company shall promptly provide the Warrantholder with any restatement, amendment, modification or waiver of the Charter; provided, that no such amendment, modification or waiver shall impair or reduce the antidilution rights applicable to the Preferred Stock as of the date hereof unless such amendment, modification or waiver affects the rights of Warrantholder with respect to the Preferred Stock in the same manner as it affects all other holders of Preferred Stock. The Company shall provide Warrantholder with prior written notice of any issuance of its stock or other equity security to occur after the Effective Date of this AgreementAgreement if the issuance of such stock would result in an anti-dilution adjustment to the Preferred Stock under the Company Charter, which notice shall include (a) the price at which such stock or security is to be sold, (b) the number of shares to be issued, and (c) 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 (e), the forgoing subsection (d) and the Company’s Charter.
Appears in 1 contract
Samples: Warrant Agreement (Trulia, Inc.)