Certain Limitations. Notwithstanding anything herein to the contrary, the Company agrees not to enter into any transaction which, by reason of any adjustment hereunder, would cause the Exercise Price to be less than the par value per share of Common Stock.
Appears in 23 contracts
Samples: Common Stock Purchase Warrant (Thermoenergy Corp), Common Stock Purchase Warrant (Thermoenergy Corp), Common Stock Purchase Warrant (Thermoenergy Corp)
Certain Limitations. Notwithstanding anything herein to the contrary, the Company agrees not to enter into any transaction which, by reason of any adjustment hereunder, would cause the current Exercise Price to be less than the par value per share of Common Stock.
Appears in 12 contracts
Samples: Common Stock Purchase Warrant (Thermoenergy Corp), Common Stock Purchase Warrant (Thermoenergy Corp), Common Stock Purchase Warrant (Thermoenergy Corp)
Certain Limitations. Notwithstanding anything herein to the contrary, the Company agrees not to enter into any transaction whichthat, by reason of any adjustment hereunderunder Section 4.1, 4.2 or 4.3 above, would cause the Exercise Price to be less than the par value per share of the Common Stock, if any, unless the Company first reduces the par value of the Common Stock to be less than the Exercise Price that would result from such transaction.
Appears in 10 contracts
Samples: Warrant Agreement (Norand Corp /De/), Warrant Agreement (North Atlantic Trading Co Inc), Warrant Agreement (Norand Corp /De/)
Certain Limitations. Notwithstanding anything herein to the contrary, the Company agrees not to enter into any transaction which, by reason of any adjustment hereunder, would cause the Exercise Price to be less than the par value per share of Common StockStock (if any) unless the Company shall take such corporate action in order that the Company may validly and legally issue fully paid and nonassessable shares of such Common Stock at such adjusted Exercise Price.
Appears in 8 contracts
Samples: Warrant Agreement (Visteon Corp), Warrant Agreement (Visteon Corp), Warrant Agreement (Lear Corp)
Certain Limitations. Notwithstanding anything herein to the contrary, the Company agrees not to enter into any transaction which, by reason of any adjustment hereunder, would cause the Exercise Price to be less than the par value per share of Common StockStock unless the Company shall take such corporate action in order that the Company may validly and legally issue fully paid and nonassessable shares of such Common Stock at such adjusted Exercise Price.
Appears in 8 contracts
Samples: Warrant Agreement (Magellan Health Services Inc), Warrant Agreement (Magellan Health Services Inc), Warrant Agreement (Thermadyne Holdings Corp /De)
Certain Limitations. Notwithstanding anything herein to the contrary, the Company agrees shall not to enter into any transaction which, by reason of any adjustment hereunder, would cause the Exercise Price to be less than the par value per share of Common Stock.
Appears in 8 contracts
Samples: Warrant Agreement (Ampersand Medical Corp), Warrant Agreement (Ampersand Medical Corp), Warrant Agreement (Molecular Diagnostics Inc)
Certain Limitations. Notwithstanding anything herein to the contrary, the Company agrees not to enter into any transaction whichthat, by reason of any adjustment hereunderunder Section 6 above, would cause the Exercise Price to be less than the par value per share of the Common Stock, if any, unless the Company first reduces the par value of the Common Stock to be less than the Exercise Price that would result from such transaction.
Appears in 7 contracts
Samples: Warrant Agreement (Uti Energy Corp), Warrant Agreement (National Record Mart Inc /De/), Warrant Agreement (National Record Mart Inc /De/)
Certain Limitations. Notwithstanding anything herein to the contrary, the Company agrees not to enter into any transaction whichthat, by reason of any adjustment hereunder, would cause the Warrant Exercise Price to be less than the par value per share of its Common Stock.
Appears in 4 contracts
Samples: Common Stock Purchase Warrant (Apollo Medical Holdings, Inc.), Common Stock Purchase Warrant (Apollo Medical Holdings, Inc.), Common Stock Purchase Warrant (Apollo Medical Holdings, Inc.)
Certain Limitations. Notwithstanding anything herein to the contrary, the Company agrees not to enter into any transaction whichthat, by reason of any adjustment hereunder, would cause the Exercise Price to be less than the par value (if any) per share of the Common StockStock unless the Company first reduces the par value of the Common Stock to be less than the Exercise Price that would result from such transaction.
Appears in 3 contracts
Samples: Warrant Agreement (Aviation Sales Co), Warrant Agreement (Timco Aviation Services Inc), Warrant Agreement (Aviation Sales Co)
Certain Limitations. Notwithstanding anything herein to the contrary, the Company agrees not to enter into any transaction whichthat, by reason of any adjustment hereunderunder Section 6.1, 6.2 or 6.3 above, would cause the Exercise Price to be less than the par value per share of the Common Stock, if any, unless the Company first reduces the par value of the Common Stock to be less than the Exercise Price that would result from such transaction.
Appears in 2 contracts
Samples: Warrant Agreement (Mai Systems Corp), Warrant Agreement (Mai Systems Corp)
Certain Limitations. Notwithstanding anything herein to the contrary, the Company agrees not to enter into any transaction whichthat, by reason of any adjustment hereunder, would cause the Exercise Price to be less than the par value per share of Common Stock.
Appears in 2 contracts
Samples: Warrant Agreement (ONCOSEC MEDICAL Inc), Warrant Agreement (ONCOSEC MEDICAL Inc)
Certain Limitations. Notwithstanding anything herein to the contrary, the Company Corporation agrees not to enter into any transaction whichthat, by reason of any adjustment hereunderunder Section 12, would cause the Exercise Price to be less than the par value per share of the Common Stock, unless the Corporation first reduces the par value of the Common Stock to be less than the Exercise Price that would result from such transaction.
Appears in 2 contracts
Samples: Stock Option Agreement (Mb Software Corp), Stock Option Agreement (Mb Software Corp)
Certain Limitations. Notwithstanding anything herein to the contrary, the Company agrees not to enter into any transaction whichthat, by reason of any adjustment hereunderunder this Section 6, would cause the Exercise Price to be less than the par value per share of the Common Stock, unless the Company first reduces the par value of the Common Stock to be less than the Exercise Price that would result from such transaction.
Appears in 2 contracts
Samples: Warrant Agreement (Florida Gaming Corp), Warrant Agreement (Florida Gaming Corp)
Certain Limitations. Notwithstanding anything herein to the contrary, the Company agrees not to enter into any transaction whichthat, by reason of any adjustment hereunderunder the foregoing provisions, would cause the Exercise Price to be less than the par value per share of the Common Stock., if any, unless the Company first
Appears in 1 contract
Samples: Side Agreement (Efax Com Inc)
Certain Limitations. Notwithstanding anything herein to the contrary, the Company agrees not to enter into any transaction whichthat, by reason of any adjustment hereunderunder the foregoing provisions, would cause the Exercise Price to be less than the par value per share of the Common Stock, if any, unless the Company first reduces the par value of the Common Stock to be less than the Exercise Price that would result from such transaction.
Appears in 1 contract
Certain Limitations. Notwithstanding anything herein to the contrary, the Company agrees not to adjust upward the par value per share of its Common Stock and not to enter into any transaction whichthat, by reason of any adjustment hereunder, would cause the Exercise Price Per Share to be less than the par value per share of its Common Stock.
Appears in 1 contract
Samples: Warrant Agreement (Pure Earth, Inc.)
Certain Limitations. Notwithstanding anything herein to the contrary, the Company agrees not to enter into any transaction whichthat, by reason of any adjustment hereunderunder the foregoing provisions, would cause the Exercise Price to be less than the par value per share of the Common Stock, if any, unless the Company first C-II-8 88 reduces the par value of the Common Stock to be less than the Exercise Price that would result from such transaction.
Appears in 1 contract
Samples: Merger Agreement (Jfax Com Inc)
Certain Limitations. Notwithstanding anything herein to the contrary, the Company agrees not to enter into any transaction whichthat, by reason of any adjustment hereunder, would cause the Exercise Price to be less than the par value (if any) per share Share, unless the Company first reduces the par value of Common Stockits Shares to be less than the Exercise Price that would result from such transaction.
Appears in 1 contract
