Certain Other Distributions and Adjustments. (i) If at any time Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive any dividend or other distribution of: (A) cash, (B) any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), or (C) any warrants or other rights to subscribe for or purchase any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), then Xxxxxx, upon exercise of this Warrant, shall be entitled to receive such dividend or distribution as if Holder had exercised this Warrant. (ii) A reclassification of the Common Stock (other than a change in par value, or from par value to no par value or from no par value to par value) into shares of Common Stock and shares of any other class of stock shall be deemed a distribution by Company to the holders of its Common Stock of such shares of such other class of stock and in such event Holder shall be entitled to receive such distribution as if Holder had exercised this Warrant and, if the outstanding shares of Common Stock shall be changed into a larger or smaller number of shares of Common Stock as a part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock within the meaning of Section 6(a).
Appears in 5 contracts
Samples: Placement Agent Warrant (Adm Tronics Unlimited Inc/De), Redeemable Common Stock Purchase Warrant (Ivivi Technologies, Inc.), Placement Agent Warrant (Ivivi Technologies, Inc.)
Certain Other Distributions and Adjustments. (i) If at any time the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive any dividend or other distribution of:
(A) cash,
(B) any evidences of its indebtedness, any shares of its capital stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), or
(C) any warrants or other rights to subscribe for or purchase any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), then Xxxxxx, upon exercise of this Warrant, the Holder shall be entitled to receive such dividend or distribution as if the Holder had exercised this Warrant.
(ii) A reclassification of the Common Stock (other than a change in par value, or from par value to no par value or from no par value to par value) into shares of Common Stock and shares of any other class of stock shall be deemed a distribution by the Company to the holders of its Common Stock of such shares of such other class of stock and in such event the Holder shall be entitled to receive such distribution as if the Holder had exercised this Warrant and, if the outstanding shares of Common Stock shall be changed into a larger or smaller number of shares of Common Stock as a part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock within the meaning of Section 6(a).
Appears in 5 contracts
Samples: Common Stock Purchase Warrant (Power Efficiency Corp), Common Stock Purchase Warrant (Power Efficiency Corp), Common Stock Purchase Warrant (Starmed Group Inc)
Certain Other Distributions and Adjustments. (ia) If at any time Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive any dividend or other distribution of:
(Ai) cashcash in excess of earned surplus,
(Bii) any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than cash, Convertible Securities or shares Additional Shares of Common Stock), or
(Ciii) any warrants or other rights to subscribe for or purchase any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than cash, Convertible Securities or shares Additional Shares of Common Stock), then Xxxxxxthe Exercise Price shall be reduced, upon exercise without any further action by the parties hereto, by the Per Share Value (as hereinafter defined) of the dividend. For purposes of this Warrant, Section 4.2 the "Per Share Value" of cash dividend or other distribution shall be entitled to receive such the dollar amount of the distribution on each share of Common Stock and the "Per Share Value" of any dividend or distribution other than cash shall be equal to the fair market value of such non-cash distribution on each share of Common Stock, as if Holder had exercised this Warrantdetermined in good faith by the Board of Directors of the Company.
(iib) A reclassification of the Common Stock (other than a change in par value, or from par value to no par value or from no par value to par value) into shares of Common Stock and shares of any other class of stock shall be deemed a distribution by Company to the holders of its Common Stock of such shares of such other class of stock within the meaning of paragraph (a) above, and in such event Holder shall be entitled to receive such distribution as if Holder had exercised this Warrant and, if the outstanding shares of Common Stock shall be changed into a larger or smaller number of shares of Common Stock as a part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock within the meaning of Section 6(a)4.1.
Appears in 4 contracts
Samples: Warrant Agreement (Atlantic Technology Ventures Inc), Warrant Agreement (Atlantic Technology Ventures Inc), Financial Advisory and Consulting Agreement (Atlantic Technology Ventures Inc)
Certain Other Distributions and Adjustments. (i) If at any time the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive any dividend or other distribution of:
(A) cash,
(B) any evidences of its indebtedness, any shares of its capital stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), or
(C) any warrants or other rights to subscribe for or purchase any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), then Xxxxxxthen, upon exercise in the case of (A) the Warrant Exercise Price shall be reduced by the amount of such cash dividend when paid, or in the case of (B) or (C) the Warrant Holder shall be given notice as provided by Section 8 of this Warrant, shall be entitled Warrant and the opportunity to receive exercise the Warrant prior to any such dividend or distribution as if Holder had exercised this Warrant.
(ii) distribution. A reclassification of the Common Stock (other than a change in par value, or from par value to no par value or from no par value to par value) into shares of Common Stock and shares of any other class of stock shall be deemed a distribution by the Company to the holders of its Common Stock of such shares of such other class of stock and in such event the Holder shall be entitled to receive such distribution as if the Holder had exercised this Warrant and, if the outstanding shares of Common Stock shall be changed into a larger or smaller number of shares of Common Stock as a part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock within the meaning of Section 6(a).
Appears in 3 contracts
Samples: Warrant Agreement (Acorn Energy, Inc.), Warrant Agreement (Acorn Factor, Inc.), Warrant Agreement (Data Systems & Software Inc)
Certain Other Distributions and Adjustments. (ia) If at any time the Company shall take a record of the holders of its Common Stock Shares for the purpose of entitling them to receive any dividend or other distribution of:
(Ai) cash,
(Bii) any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than cash, Convertible Securities or shares of Additional Common StockShares), or
(Ciii) any warrants or other rights to subscribe for or purchase any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than cash, Convertible Securities or shares of Additional Common StockShares), then Xxxxxx, upon exercise of this Warrant, Holder shall be entitled to receive such dividend or distribution as if Holder had exercised this Warrant.
(iib) A reclassification of the Common Stock Shares (other than a change in par value, or from par value to no par value or from no par value to par value) into shares of Common Stock Shares and shares of any other class of stock shall be deemed a distribution by the Company to the holders of its Common Stock Shares of such shares of such other class of stock and in such event Holder shall be entitled to receive such distribution as if Holder had exercised this Warrant within the meaning of paragraph (a) above and, if the outstanding shares of Common Stock Shares shall be changed into a larger or smaller number of shares of Common Stock Shares as a part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock Shares within the meaning of Section 6(a)4.1.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Advanced Lighting Technologies Inc), Contingent Warrant Agreement (Advanced Lighting Technologies Inc), Warrant Agreement (Advanced Lighting Technologies Inc)
Certain Other Distributions and Adjustments. (ia) If at any time the Company shall take a record of the holders of its Common Stock Ordinary Shares for the purpose of entitling them to receive any dividend or other distribution of:
(Ai) cash,
(Bii) any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than cash, Convertible Securities or shares Additional Shares of Common StockOrdinary Shares), or
(Ciii) any warrants or other rights to subscribe for or purchase any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than cash, Convertible Securities or shares Additional Shares of Common StockOrdinary Shares), then Xxxxxx, upon exercise of this Warrant, Holder shall be entitled to receive such dividend or distribution as if Holder had exercised this Warrant.
(iib) A reclassification of the Common Stock Ordinary Shares (other than a change in par value, or from par value to no par value or from no par value to par value) into shares of Common Stock Ordinary Shares and shares of any other class of stock shall be deemed a distribution by the Company to the holders of its Common Stock Ordinary Shares of such shares of such other class of stock and in such event Holder shall be entitled to receive such distribution as if Holder had exercised this Warrant and, if the outstanding shares of Common Stock Ordinary Shares shall be changed into a larger or smaller number of shares of Common Stock Ordinary Shares as a part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock Ordinary Shares within the meaning of Section 6(a)4.1.
Appears in 2 contracts
Samples: Warrant Agreement (Ge Capital Equity Investments Inc), Warrant Agreement (Ge Capital Equity Investments Inc)
Certain Other Distributions and Adjustments. (i) If at any time the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive any dividend or other distribution of:
(A) cash,
(B) any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), or
(C) any warrants or other rights to subscribe for or purchase any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), then Xxxxxx, upon exercise of this Warrant, Holder shall be entitled to receive such dividend or distribution as if Holder had exercised this Warrant.
(ii) A reclassification of the Common Stock (other than a change in par value, or from par value to no par value or from no par value to par value) into shares of Common Stock and shares of any other class of stock shall be deemed a distribution by the Company to the holders of its Common Stock of such shares of such other class of stock and in such event Holder shall be entitled to receive such distribution as if Holder had exercised this Warrant and, if the outstanding shares of Common Stock shall be changed into a larger or smaller number of shares of Common Stock as a part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock within the meaning of Section 6(a).
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Ir Biosciences Holdings Inc), Common Stock Purchase Warrant (Ir Biosciences Holdings Inc)
Certain Other Distributions and Adjustments. (i) If at any time Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive any dividend or other distribution of:
(A) cash,
(B) any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), or
(C) any warrants or other rights to subscribe for or purchase any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), then XxxxxxHolder, upon exercise of this Warrant, shall be entitled to receive such dividend or distribution as if Holder had exercised this Warrant.
(ii) A reclassification of the Common Stock (other than a change in par value, or from par value to no par value or from no par value to par value) into shares of Common Stock and shares of any other class of stock shall be deemed a distribution by Company to the holders of its Common Stock of such shares of such other class of stock and in such event Holder shall be entitled to receive such distribution as if Holder had exercised this Warrant and, if the outstanding shares of Common Stock shall be changed into a larger or smaller number of shares of Common Stock as a part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock within the meaning of Section 6(a).
Appears in 2 contracts
Samples: Redeemable Common Stock Purchase Warrant (Adm Tronics Unlimited Inc/De), Redeemable Common Stock Purchase Warrant (Ivivi Technologies, Inc.)
Certain Other Distributions and Adjustments. (i) If at any time the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive any dividend or other distribution of:
(A) cash,
(B) any evidences of its indebtedness, any shares of its capital stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), or
(C) any warrants or other rights to subscribe for or purchase any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), then Xxxxxxthen, upon exercise in the case of (A) the Warrant Exercise Price shall be reduced by the amount of such cash dividend when paid, or in the case of (B) or (C) the Warrant Holder shall be given notice as provided by Section 8 of this Warrant, shall be entitled Warrant and the opportunity to receive exercise the Warrant prior to any such dividend or distribution as if Holder had exercised this Warrantdistribution.
(ii) A reclassification of the Common Stock (other than a change in par value, or from par value to no par value or from no par value to par value) into shares of Common Stock and shares of any other class of stock shall be deemed a distribution by the Company to the holders of its Common Stock of such shares of such other class of stock and in such event the Holder shall be entitled to receive such distribution as if the Holder had exercised this Warrant and, if the outstanding shares of Common Stock shall be changed into a larger or smaller number of shares of Common Stock as a part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock within the meaning of Section 6(a).
Appears in 1 contract
Certain Other Distributions and Adjustments. (i) If at any time Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive any dividend or other distribution of:
(A) cash,
, (B) any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), or
or (C) any warrants or other rights to subscribe for or purchase any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), then XxxxxxHolder, upon exercise of this Warrant, shall be entitled to receive such dividend or distribution as if Holder had exercised this Warrant.
(ii) A reclassification of the Common Stock (other than a change in par value, or from par value to no par value or from no par value to par value) into shares of Common Stock and shares of any other class of stock shall be deemed a distribution by Company to the holders of its Common Stock of such shares of such other class of stock and in such event Holder shall be entitled to receive such distribution as if Holder had exercised this Warrant and, if the outstanding shares of Common Stock shall be changed into a larger or smaller number of shares of Common Stock as a part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock within the meaning of Section 6(a).
Appears in 1 contract
Samples: Redeemable Common Stock Purchase Warrant (Adm Tronics Unlimited Inc/De)
Certain Other Distributions and Adjustments. (i) If at any time Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive any dividend or other distribution of:
: (A) cash,
, (B) any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), or
or (C) any warrants or other rights to subscribe for or purchase any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), then XxxxxxHolder, upon exercise of this Warrant, shall be entitled to receive such dividend or distribution as if Holder had exercised this Warrant.
(ii) A reclassification of the Common Stock (other than a change in par value, or from par value to no par value or from no par value to par value) into shares of Common Stock and shares of any other class of stock shall be deemed a distribution by Company to the holders of its Common Stock of such shares of such other class of stock and in such event Holder shall be entitled to receive such distribution as if Holder had exercised this Warrant and, if the outstanding shares of Common Stock shall be changed into a larger or smaller number of shares of Common Stock as a part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock within the meaning of Section 6(a).. (c)
Appears in 1 contract
Samples: Redeemable Common Stock Purchase Warrant (Adm Tronics Unlimited Inc/De)
Certain Other Distributions and Adjustments. (i) If at any time Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive any dividend or other distribution of:
(A) cash,
(B) any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), or
(C) any warrants or other rights to subscribe for or purchase any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), then Xxxxxx, upon exercise of this Warrant, Holder shall be entitled to receive such dividend or distribution as if Holder had exercised this Warrant.
(ii) A reclassification of the Common Stock (other than a change in par value, or from par value to no par value or from no par value to par value) into shares of Common Stock and shares of any other class of stock shall be deemed a distribution by Company to the holders of its Common Stock of such shares of such other class of stock and in such event Holder shall be entitled to receive such distribution as if Holder had exercised this Warrant and, if the outstanding shares of Common Stock shall be changed into a larger or smaller number of shares of Common Stock as a part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock within the meaning of Section 6(a7(a).
Appears in 1 contract
Samples: Preferred Stock and Warrant Purchase Agreement (Cimnet Inc/Pa)
Certain Other Distributions and Adjustments. (i) If at any time the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive declare any dividend or other distribution of:
(A) cash,
(B) any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), or
(C) any warrants or other rights to subscribe for or purchase any evidences of its indebtedness, any shares of its stock or any other securities or property of any nature whatsoever (other than Convertible Securities or shares of Common Stock), then XxxxxxHolder, upon exercise of this WarrantWarranx, shall xxxll be entitled to receive such dividend or distribution as if Holder had exercised this Warrant.
(ii) A reclassification of the Common Stock (other than a change in par value, or from par value to no par value or from no par value to par value) into shares of Common Stock and shares of any other class of stock shall be deemed a distribution by Company to the holders of its Common Stock of such shares of such other class of stock and in such event Holder shall be entitled to receive such distribution as if Holder had exercised this Warrant and, if the outstanding shares of Common Stock shall be changed into a larger or smaller number of shares of Common Stock as a part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock within the meaning of Section 6(a).
Appears in 1 contract