Common use of Certain Events Clause in Contracts

Certain Events. If any change in the outstanding Preferred Stock of the Company or any other event occurs as to which the other provisions of this Section 5 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder of the Warrant in accordance with such provisions, then the Board of Directors of the Company shall make an adjustment in the number and class of shares available under the Warrant, the Exercise Price or the application of such provisions, so as to protect such purchase rights as aforesaid. The adjustment shall be such as to give the Holder of the Warrant upon exercise for the same aggregate Exercise Price the total number, class and kind of shares as he would have owned had the Warrant been exercised prior to the event and had he continued to hold such shares until after the event requiring adjustment.

Appears in 7 contracts

Samples: Warrant Agreement (Globeimmune Inc), Warrant Agreement (Globeimmune Inc), Warrant Agreement (Globeimmune Inc)

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Certain Events. If any change in the outstanding Preferred Common Stock of the Company Corporation or any other event occurs as to which the other provisions of this Section 5 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder of the Warrant in accordance with such provisions, then the Board of Directors of the Company Corporation shall make an adjustment in the number and class of shares available under the Warrant, the Exercise Price or the application of such provisions, so as to protect such purchase rights as aforesaid. The adjustment shall be such as to give the Holder of the Warrant upon exercise for the same aggregate Exercise Price the total number, class and kind of shares as he would have owned had the Warrant been exercised prior to the event and had he continued to hold such shares until after the event requiring adjustment.

Appears in 6 contracts

Samples: Warrant Agreement (ARCA Biopharma, Inc.), Warrant Agreement (ARCA Biopharma, Inc.), Warrant Agreement (ARCA Biopharma, Inc.)

Certain Events. If any change in the outstanding Preferred Common Stock of the Company or any other event occurs as to which the other provisions of this Section 5 4 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder of the Warrant in accordance with such provisions, then the Board of Directors of the Company shall make an adjustment in the number and class of shares available under the Warrant, the Exercise Price or the application of such provisions, so as to protect such purchase rights as aforesaid. The adjustment shall be such as to will give the Holder of the Warrant upon exercise for the same aggregate Exercise Price the total number, class and kind of shares as he would have owned had the Warrant been exercised prior to the event and had he continued to hold such shares until after the event requiring adjustment.

Appears in 6 contracts

Samples: Warrant Agreement (Crystal International Travel Group, Inc.), Warrant Agreement (Crystal International Travel Group, Inc.), Warrant Agreement (Mobile Reach International Inc)

Certain Events. If any change in the outstanding Preferred Common Stock of the Company or any other event occurs as to which the other provisions of this Section 5 3 are not strictly applicable or or, if strictly applicable applicable, would not fairly protect the purchase rights of the Holder of the Warrant in accordance with such provisions, then the Board of Directors of the Company shall make an adjustment in the number and class of shares available under the Warrant, the Exercise Price or the application of such provisions, so as to protect such purchase rights as aforesaid. The adjustment shall be such as to give the Holder of the Warrant upon exercise for the same aggregate Exercise Price the total number, number and class and kind of shares as he the Holder would have owned had the Warrant been exercised prior to the event and had he the Holder continued to hold such shares until after the event requiring adjustment.

Appears in 4 contracts

Samples: Warrant Agreement (Thomas Weisel Partners Group, Inc.), Warrant Agreement (Entrust Inc), Warrant Agreement (Thomas Weisel Partners Group, Inc.)

Certain Events. If any change in the outstanding Preferred Common Stock of the Company or any other event occurs as to which the other provisions of this Section 5 2 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder of the Warrant in accordance with such provisions, then the Board of Directors of the Company shall make an adjustment in the number and class of shares available under the Warrant, the Exercise Price or the application of such provisions, so as to protect such purchase rights as aforesaid. The adjustment shall be such as to will give the Holder of the Warrant upon exercise for the same aggregate Exercise Price the total number, class and kind of shares as he would have owned had the Warrant been exercised prior to the event and had he continued to hold such shares until after the event requiring adjustment.

Appears in 4 contracts

Samples: Warrant Agreement (Andover Medical, Inc.), Warrant Agreement (Andover Medical, Inc.), Warrant Agreement (Andover Medical, Inc.)

Certain Events. If any change in the outstanding Preferred Common Stock of the Company or any other event occurs as to which the other provisions of this Section 5 7 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder of the Warrant in accordance with such provisions, then the Board of Directors of the Company shall make an adjustment in the number and class of shares available under the Warrant, the Exercise Purchase Price or the application of such provisions, so as to protect such purchase rights as aforesaid. The adjustment shall be such as to will give the Holder of the Warrant upon exercise for the same aggregate Exercise Purchase Price the total number, class and kind of shares as he would have owned had the Warrant been exercised prior to the event and had he continued to hold such shares until after the event requiring adjustment.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Perceptronics Inc), Warrant Agreement (Perceptronics Inc), Warrant to Purchase Common Stock (Alpha Virtual Inc/Ca/)

Certain Events. If any change in the outstanding Preferred Common Stock of the Company or any other event occurs as to which the other provisions of this Section 5 4 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder of the Warrant in accordance with such provisions, then the Board of Directors of the Company shall make an adjustment in the number and class of shares available under the Warrant, the Exercise Price or the application of such provisions, so as to protect such purchase rights as aforesaid. The adjustment shall be such as to give the Holder of the Warrant upon exercise for the same aggregate Exercise Price the total number, class and kind of shares as he would have owned had the Warrant been exercised prior to the event and had he continued to hold such shares until after the event requiring adjustment.

Appears in 3 contracts

Samples: Warrant Agreement (Local Matters Inc.), Warrant Agreement (Local Matters Inc.), Warrant Agreement (Gordon Biersch Brewery Restaurant Group, Inc.)

Certain Events. If any change in the outstanding Preferred Stock class and series of the Company shares for which this Warrant is exercisable or any other event occurs as to which the other provisions of this Section 5 4 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder of the Warrant in accordance with such provisions, then the Board of Directors of the Company shall make an adjustment in the number and class of shares available under the this Warrant, the Exercise Purchase Price or the application of such provisions, so as to protect such the purchase rights as aforesaidof the Holder. The adjustment shall be such as to give the Holder of the this Warrant upon exercise for the same aggregate Exercise Purchase Price the total number, class and kind of shares as he the Holder would have owned had the this Warrant been exercised prior to the event and had he the Holder continued to hold such shares until after the event requiring adjustment.

Appears in 3 contracts

Samples: Warrant Agreement (Cadence Bancorporation), Warrant Agreement (Cadence Bancorporation), Warrant Agreement (STATE BANK FINANCIAL Corp)

Certain Events. If any change in the outstanding Preferred Stock of the Company or any other event occurs as to which the other provisions of this Section 5 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder of the Warrant in accordance with such provisions, then the Board of Directors of the Company shall make an adjustment in the number and class of shares available under the Warrant, the Exercise Price or the application of such provisions, so as to protect such purchase rights as aforesaid. The adjustment shall be such as to will give the Holder of the Warrant upon exercise for the same aggregate Exercise Price the total number, class and kind of shares as he would have owned had the Warrant been exercised prior to the event and had he continued to hold such shares until after the event requiring adjustment.

Appears in 2 contracts

Samples: Warrant Agreement (On Stage Entertainment Inc), Warrant Agreement (On Stage Entertainment Inc)

Certain Events. If any change in the outstanding Preferred Common Stock of -------------- the Company or any other event occurs as to which the other provisions of this Section 5 3 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder of the Warrant in accordance with such provisions, then the Board of Directors of the Company shall make an adjustment in the number and class of shares available under the Warrant, the Exercise Price or the application of such provisions, so as to protect such purchase rights as aforesaid. The adjustment shall be such as to will give the Holder of the Warrant upon exercise for the same aggregate Exercise Price the total number, class and kind of shares as he would have owned had the Warrant been exercised prior to the event and had he continued to hold such shares until after the event requiring adjustment.

Appears in 2 contracts

Samples: Common Stock Purchase Warrant (Software Com Inc), Common Stock Purchase Warrant (Software Com Inc)

Certain Events. If any change in the outstanding Preferred Common Stock of the Company or any other event occurs as to which the other provisions of this Section 5 3 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder of the Warrant in accordance with such provisions, then the Board of Directors of the Company shall make an adjustment in the number and class of shares available under the Warrant, the Exercise Price or the application of such provisions, so as to protect such purchase rights as aforesaid. The adjustment shall be such as to will give the Holder of the Warrant upon exercise for the same aggregate Exercise Price the total number, class and kind of shares as he such Holder would have owned had the Warrant been exercised prior to the event and had he such Holder continued to hold such shares until after the event requiring adjustment.

Appears in 2 contracts

Samples: Warrant Exchange Agreement (Vaxgen Inc), Warrant Exchange Agreement (Vaxgen Inc)

Certain Events. If any change in the outstanding Preferred Stock stock of the Company Corporation or any other event occurs as to which the other provisions of this Section 5 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder of the Warrant in accordance with such provisions, then the Board of Directors of the Company Corporation shall make an adjustment in the number and class of shares available under the Warrant, the Exercise Price or the application of such provisions, so as to protect such purchase rights as aforesaid. The adjustment shall be such as to give the Holder of the Warrant upon exercise for the same aggregate Exercise Price the total number, class and kind of shares as he would have owned had the Warrant been exercised prior to the event and had he continued to hold such shares until after the event requiring adjustment.

Appears in 2 contracts

Samples: Private Equity Loan Agreement (Upholstery International, Inc.), Private Equity Loan Agreement (Upholstery International, Inc.)

Certain Events. If any change in the outstanding Preferred Series A Stock of the Company or any other event occurs as to which the other provisions of this Section 5 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder of the Warrant in accordance with such provisions, then the Board of Directors of the Company shall make an adjustment in the number and class of shares available under the Warrant, the Exercise Price or the application of such provisions, so as to protect such purchase rights as aforesaid. The adjustment shall be such as to give the Holder of the Warrant upon exercise for the same aggregate Exercise Price the total number, class and kind of shares as he would have owned had the Warrant been exercised prior to the event and had he continued to hold such shares until after the event requiring adjustment.

Appears in 2 contracts

Samples: Warrant Agreement (Virobay Inc), Warrant Agreement (Five Prime Therapeutics Inc)

Certain Events. If any change in the outstanding Preferred Common Stock of the Company or any other event occurs as to which the other provisions of this Section 5 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder of the Warrant in accordance with such provisions, then the Board of Directors of the Company shall make an adjustment in the number and class of shares available under the Warrant, the Exercise Price or the application of such provisions, so as to protect such purchase rights as aforesaid. The adjustment shall be such as to give the Holder of the Warrant upon exercise for the same aggregate Exercise Price the total number, class and kind of shares as he would have owned had the Warrant been exercised prior to the event and had he continued to hold such shares until after the event requiring adjustment.

Appears in 2 contracts

Samples: Warrant Agreement (Globeimmune Inc), License Agreement (Intarcia Therapeutics, Inc)

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Certain Events. If any change in the outstanding Preferred Common Stock of the Company or any other event occurs as to which the other provisions of this Section 5 3 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder of the Warrant in accordance with such provisions, then the Board of Directors of the Company shall make an adjustment in the number and class of shares available under the Warrant, the Exercise Price or the application of such provisions, so as to protect such purchase rights as aforesaid. The adjustment shall be such as to will give the Holder of the Warrant upon exercise for the same aggregate Exercise Price the total number, class and kind of shares as he the Holder would have owned had the Warrant been exercised prior to the event and had he the Holder continued to hold such shares until after the event requiring adjustment.

Appears in 2 contracts

Samples: License Agreement (Histogenics Corp), License Agreement (Histogenics Corp)

Certain Events. If any change in the outstanding Preferred Common Stock of the Company or any other event occurs as to which the other provisions of this Section 5 3 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder of the Warrant in accordance with such provisions, then the Board of Directors of the Company shall make an adjustment in the number and class of shares available under the Warrant, the Exercise Price or the application of such provisions, so as to protect such purchase rights as aforesaid. The adjustment shall be such as to will give the Holder of the Warrant upon exercise for the same aggregate Exercise Price the total number, class and kind of shares as he would have owned had the Warrant been exercised prior to the event and had he continued to hold such shares until after the event requiring adjustment.

Appears in 2 contracts

Samples: Warrant Agreement (Handheld Entertainment, Inc.), Warrant Agreement (Handheld Entertainment, Inc.)

Certain Events. If any change in the outstanding Preferred Common Stock of the Company or any other event occurs as to which the other provisions of this Section 5 2 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder of the Warrant in accordance with such provisions, then the Board of Directors of the Company shall make an adjustment in the number and class of shares available under the Warrant, the Exercise Price or the application of such provisions, so as to protect such purchase rights as aforesaid. The adjustment shall be such as to will give the Holder of the Warrant upon exercise for the same aggregate Exercise Price the total number, class and kind of shares as he would have owned had the Warrant been exercised prior to the event and had he continued to hold such shares until after the event requiring adjustment.

Appears in 1 contract

Samples: Security and Loan Agreement (Hunapu Inc)

Certain Events. If any change in the outstanding Preferred outstand­ing Common Stock of the Company or any other event occurs as to which the other provisions of this Section 5 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder of the Warrant in accordance with such provisions, then the Board of Directors of the Company shall make an adjustment in the number and class of shares available under the Warrant, the Exercise Price or the application of such provisions, so as to protect such purchase rights as aforesaid. The adjustment shall be such as to will give the Holder of the Warrant upon exercise for the same aggregate Exercise Price the total number, class and kind of shares as he would have owned had the Warrant been exercised prior to the event and had he continued to hold such shares until after the event requiring adjustment.

Appears in 1 contract

Samples: Warrant Agreement (On Stage Entertainment Inc)

Certain Events. If any change in the outstanding Preferred Common Stock of the Company or any other event occurs as to which the other provisions of this Section 5 9 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder of the Warrant in accordance with such provisions, then the Board of Directors of the Company shall make an adjustment in the number and class of shares available under the Warrant, the Exercise Price or the application of such provisions, so as to protect such purchase rights as aforesaid. The adjustment shall be such as to will give the Holder of the Warrant upon exercise for the same aggregate Exercise Price the total number, class and kind of shares as he would have owned had the Warrant been exercised prior to the event and had he continued to hold such shares until after the event requiring the adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Fatbrain Com Inc)

Certain Events. If any change in the outstanding Preferred Common Stock of the -------------- Company or any other event occurs as to which the other provisions of this Section 5 4 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder of the Warrant in accordance with such provisions, then the Board of Directors of the Company shall make an adjustment in the number and class of shares available under the Warrant, the Exercise Purchase Price or the application of such provisions, so as to protect such purchase rights as aforesaid. The adjustment shall be such as to will give the Holder of the Warrant upon exercise for the same aggregate Exercise Purchase Price the total number, class and kind of shares as he would have owned had the Warrant been exercised prior to the event and had he continued to hold such shares until after the event requiring adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Conceptus Inc)

Certain Events. If any change in the outstanding Preferred Common Stock of the Company or any other event occurs as to which the other provisions of this Section 5 8 or Section 9 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder of the Warrant in accordance with such provisions, then the Board of Directors of the Company shall make an adjustment in the number and class of shares available under the Warrant, the Exercise Purchase Price or the application of such provisions, so as to protect such purchase rights as aforesaid. The adjustment shall be such as to will give the Holder of the Warrant upon exercise for the same aggregate Exercise Purchase Price the total number, class and kind of shares as he would have owned had the Warrant been exercised prior to the event and had he continued to hold such shares until after the event requiring adjustment.

Appears in 1 contract

Samples: Secured Convertible Debenture Purchase Agreement (Tivo Inc)

Certain Events. If any change in the outstanding Preferred Common Stock of the Company or any other event occurs as to which the other provisions of this Section 5 6 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder of the Warrant in accordance with such provisions, then the Board of Directors of the Company shall make an adjustment in the number and class of shares available under the Warrant, the Exercise Purchase Price or the application of such provisions, so as to protect such purchase rights as aforesaid. The adjustment shall be such as to will give the Holder of the Warrant upon exercise for the same aggregate Exercise Purchase Price the total number, class and kind of shares as he would have owned had the Warrant been exercised prior to the event and had he continued to hold such shares until after the event requiring adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Gener8xion Entertainment, Inc.)

Certain Events. If any change in the outstanding Preferred Common Stock of the Company or any other event occurs as to which the other provisions of this Section 5 3 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder Holders of the Warrant in accordance with such provisions, then the Board of Directors of the Company shall make an adjustment in the number and class of shares available under the Warrant, the Exercise Price or the application of such provisions, so as to protect such purchase rights as aforesaid. The adjustment shall be such as to will give the Holder Holders of the Warrant upon exercise for the same aggregate Exercise Price the total number, class and kind of shares as he would have owned had the Warrant been exercised prior to the event and had he continued to hold such shares until after the event requiring adjustment.

Appears in 1 contract

Samples: Securities Purchase Agreement (Wentworth Ii Inc)

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