Common use of Certain Other Events Clause in Contracts

Certain Other Events. If any event occurs of the type contemplated by the provisions of this Section 5 but not expressly provided for by such provisions (including, without limitation, the granting of stock appreciation rights, phantom stock rights or other rights with equity features), then the Board shall make an appropriate adjustment in the Exercise Price so as to protect the rights of the Holders of Warrants; provided that no such adjustment shall increase the Exercise Price as otherwise determined pursuant to this Section 5 or decrease the number of shares of Common Stock issuable upon exercise of each Warrant.

Appears in 7 contracts

Samples: Series D Warrant Agreement (Xstream Systems Inc), Series C Warrant Agreement (Xstream Systems Inc), Series B Warrant Agreement (Xstream Systems Inc)

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