Certificate as to Adjustment. (a) As promptly as reasonably practicable following any adjustment to the Exercise Shares, but in any event not later than five (5) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof.
Appears in 10 contracts
Samples: Securities Purchase Agreement (FreightCar America, Inc.), Warrant Acquisition Agreement (FreightCar America, Inc.), FreightCar America, Inc.
Certificate as to Adjustment. (ai) As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice, but in any event not later than five (5) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof.
Appears in 10 contracts
Samples: Als Biopharma Agreement (Biohaven Research Ltd.), Exercise Agreement (Icagen, Inc.), Biopharma Agreement (Biohaven Pharmaceutical Holding Co Ltd.)
Certificate as to Adjustment. (ai) As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice that results in an increase or decrease of the Exercise Price of $0.01 or more, but in any event not later than five twenty (520) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof.
Appears in 8 contracts
Samples: Exercise Agreement (Hawker Energy, Inc.), Exercise Agreement (Hawker Energy, Inc.), Exercise Agreement (Hawker Energy, Inc.)
Certificate as to Adjustment. (ai) As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice, but in any event not later than five ten (510) Business Days days thereafter, the Company shall furnish to the Warrant Holder a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof.
Appears in 6 contracts
Samples: Warrant Agreement (Fat Brands, Inc), Warrant Agreement (Fat Brands, Inc), Warrant Agreement (Fat Brands, Inc)
Certificate as to Adjustment. (ai) As promptly as reasonably practicable following any adjustment to of the Exercise Price or number of Warrant Shares, but in any event not later than five (5) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer Officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof.
Appears in 6 contracts
Samples: Exchange Agreement (SEACOR Marine Holdings Inc.), Warrant (SEACOR Marine Holdings Inc.), Warrant (SEACOR Marine Holdings Inc.)
Certificate as to Adjustment. (ai) As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice, but in any event not later than five ten (510) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof.
Appears in 4 contracts
Samples: Global Clean Energy Holdings, Inc., Global Clean Energy Holdings, Inc., Global Clean Energy Holdings, Inc.
Certificate as to Adjustment. (aA) As promptly as reasonably practicable following any adjustment to of the Exercise Price and/or the number of Warrant Shares, but in any event not later than five (5) 15 Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof. All calculations of Exercise Price under this Section 2(b) shall be made to the nearest cent or to the nearest one-hundredth of a share, as the case may be.
Appears in 4 contracts
Samples: Warrant Agreement (Ribbon Communications Inc.), Subscription Agreement (TherapeuticsMD, Inc.), Subscription Agreement (TherapeuticsMD, Inc.)
Certificate as to Adjustment. (ai) As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice, but in any event not later than five (5) Business Days business days thereafter, the Company shall furnish to the Warrant Holder a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof.
Appears in 4 contracts
Samples: Warrant Agreement, Warrant Agreement (Lovesac Co), Warrant Agreement (Lovesac Co)
Certificate as to Adjustment. (ai) As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice, but in any event not later than forty-five (545) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof.
Appears in 4 contracts
Samples: Exercise Agreement (Midland States Bancorp, Inc.), Exercise Agreement (Midland States Bancorp, Inc.), First Internet Bancorp
Certificate as to Adjustment. (ai) As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice, but in any event not later than five (5) Business Days 20 business days thereafter, the Company shall furnish to the Holder a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof.
Appears in 3 contracts
Samples: www.capstonethx.com, Capstone Therapeutics Corp., Capstone Therapeutics Corp.
Certificate as to Adjustment. (a) As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice, but in any event not later than five (5) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof.
Appears in 2 contracts
Samples: Adamas One Corp., Adamas One Corp.
Certificate as to Adjustment. (ai) As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice that results in an increase or decrease of the Exercise Price of $0.01 or more, but in any event not later than five ten (510) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof.
Appears in 2 contracts
Samples: Exercise Agreement (Alzamend Neuro, Inc.), Guardion Health Sciences, Inc.
Certificate as to Adjustment. (ai) As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice or the Aggregate Number, but in any event not later than five (5) three Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof.
Appears in 2 contracts
Samples: Common Stock Purchase (Workhorse Group Inc.), Common Stock Purchase (Workhorse Group Inc.)
Certificate as to Adjustment. (ai) As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice or the number of Shares issuable upon exercise of this Warrant, but in any event not later than five (5) three Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof.
Appears in 2 contracts
Samples: HyreCar Inc., HyreCar Inc.
Certificate as to Adjustment. (ai) As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice, but in any event not later than five (5) 10 Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof.
Appears in 2 contracts
Samples: Stockholders Agreement (Athena Bitcoin Global), Notes and Warrants Purchase Agreement (Chinacast Education Corp)
Certificate as to Adjustment. (ai) As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice, but in any event not later than five ten (510) Business Days days thereafter, the Company shall furnish to the Holder Warrant Holders a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof.
Appears in 2 contracts
Samples: Warrant Agreement (Fat Brands, Inc), Warrant Agreement (Fat Brands, Inc)
Certificate as to Adjustment. (ai) As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice that results in an increase or decrease of the Exercise Price of $0.01 or more, but in any event not later than five (5) twenty Business Days thereafterDays, the Company shall furnish to the Holder a certificate of an executive officer setting forth in reasonable detail such the adjustment and the facts upon which it is based and certifying the calculation thereofcalculation.
Appears in 1 contract
Samples: Hawker Energy, Inc.
Certificate as to Adjustment. (ai) As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice, but in any event not later than five fifteen (515) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof.
Appears in 1 contract
Certificate as to Adjustment. (ai) As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice, but in any event not later than five (5) 15 Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof.
Appears in 1 contract
Samples: Warrant (Principal Solar, Inc.)
Certificate as to Adjustment. (ai) As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice, but in any event not later than five three (53) Business Days business days thereafter, the Company shall furnish to the Holder Warrantholder a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof.
Appears in 1 contract
Certificate as to Adjustment. (a) i. As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice, but in any event not later than five (5) 10 Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof.
Appears in 1 contract
Samples: 2013 Noteholder Modification Agreement (Midwest Energy Emissions Corp.)
Certificate as to Adjustment. (ai) As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice, but in any event not later than five thirty (530) Business Days thereafter, the Company or the Warrant Agent shall furnish to the Holder a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof.
Appears in 1 contract
Samples: WHX Corp
Certificate as to Adjustment. (ai) As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice, but in any event not later than five two (52) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof.
Appears in 1 contract
Certificate as to Adjustment. (ai) As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice, but in any event not later than five three (53) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof.
Appears in 1 contract
Samples: Credit Agreement and Guaranty (VBI Vaccines Inc/Bc)
Certificate as to Adjustment. (ai) As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice that results in an increase or decrease of the Exercise Price of $0.01 or more, but in any event not later than five (5) Business Days 20 business days thereafter, the Company shall furnish to the Holder Optionee a certificate of an executive officer Officer setting forth in reasonable detail such the adjustment and the facts upon which it is based and certifying the calculation thereof.
Appears in 1 contract
Certificate as to Adjustment. (ai) As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice, but in any event not later than five (5) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof. [***] = CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION.
Appears in 1 contract
Certificate as to Adjustment. (ai) As promptly as reasonably practicable following any adjustment to of the Exercise SharesPrice, but in any event not later than five (5) 15 Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer setting forth in reasonable detail such adjustment and the facts upon which it is based and certifying the calculation thereof. All calculations under this Section 3 shall be made to the nearest cent or to the nearest one-hundredth of a share, as the case may be.
Appears in 1 contract
