Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the conversion or exchange of any Convertible Securities or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Price in effect at the time of such change shall be immediately adjusted to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or conversion rate, as the case may be, at the time initially granted, issued or sold. For purposes of this Section 2C, if the terms of any Option or Convertible Security which was outstanding as of the Date of Issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided that no such change shall at any time cause the Exercise Price hereunder to be increased.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Internet Sports Network Inc), Securities Purchase Agreement (Sportsline Usa Inc), Hi Rise Recycling Systems Inc
Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the conversion or exchange of any Convertible Securities or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Price in effect at the time of such change shall be immediately adjusted to the Exercise Price which that would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or conversion rate, as the case may be, at the time initially granted, issued or sold; provided that if such adjustment of the Exercise Price would result in an increase in the Exercise Price then in effect, the Company will promptly give all Holders written notice of such increase. For purposes of this Section 2Csubsection (c), if the terms of any Option or Convertible Security which that was outstanding as of the Original Issue Date of Issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided that no such change shall at any time cause the Exercise Price hereunder to be increased.
Appears in 6 contracts
Samples: Series B Warrant Agreement (Xstream Systems Inc), Series C Warrant Agreement (Xstream Systems Inc), Series D Warrant Agreement (Xstream Systems Inc)
Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Price in effect at the time of such change shall will be adjusted immediately adjusted to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or soldsold and the number of shares of Common Stock issuable hereunder will be correspondingly adjusted. For purposes of this Section 2Cparagraph 5.2, if the terms of any Option or Convertible Security which was outstanding as of the Date of Issuance date of this Warrant Agreement are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall will be deemed to have been issued as of the date of such change; provided that . Notwithstanding the foregoing no such change shall will at any time cause the Exercise Price hereunder to be increased.
Appears in 5 contracts
Samples: Master Warrant Agreement (Seven Seas Petroleum Inc), Note Purchase Agreement (Seven Seas Petroleum Inc), Master Warrant Agreement (Seven Seas Petroleum Inc)
Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock Shares changes at any time, except for changes to the Exchange Notes and Other Warrants, the Exercise Price in effect at the time of such change shall be adjusted immediately adjusted to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or soldsold and the number of Common Shares issuable hereunder shall be correspondingly adjusted; provided, that if such adjustment would result in an increase of the Exercise Price then in effect, such adjustment shall not be effective until 30 days after written notice thereof has been given by the Company to all holders of the Warrants. For purposes of this Section 2Cparagraph 2B, if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock Shares deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided provided, that no such change shall at any time cause the Exercise Price hereunder to be increased.
Appears in 4 contracts
Samples: Prime Group Realty Trust, Prime Group Realty Trust, Prime Group Realty Trust
Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock Shares changes at any time, the Exercise Price in effect at the time of such change shall be adjusted immediately adjusted to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or soldsold and number of Shares issuable hereunder shall be correspondingly adjusted; provided, that if such adjustment would result in an increase of the Exercise Price then in effect, such adjustment shall not occur. For purposes of this Section 2C4(b), if the terms of any Option or Convertible Security which was outstanding as of the Date of Issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock Shares deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided provided, that no such change shall at any time cause the Exercise Price hereunder to be increased.
Appears in 3 contracts
Samples: Contribution Agreement (E Sync Networks Inc), E Sync Networks Inc, CRC Inc
Change in Option Price or Conversion Rate. If the purchase ------------------------------------------ price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Price in effect at the time of such change shall be adjusted immediately adjusted to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or soldsold and the number of shares of Common Stock issuable hereunder shall be correspondingly adjusted. For purposes of this Section 2Cparagraph 2B, if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided that no such change shall at any time cause the Exercise Price hereunder to be increased.
Appears in 3 contracts
Samples: Purchase Agreement (Pointe Communications Corp), Purchase Agreement (Pointe Communications Corp), Pointe Communications Corporation Note and Warrant Purchase Agreement (Pointe Communications Corp)
Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock the Company’s common stock changes at any time, the Exercise Price in effect at the time of such change shall be adjusted immediately adjusted to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or soldsold and the number of the Exercise Stock issuable hereunder shall be correspondingly adjusted. For purposes of this Section 2C2B, if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock Company’s common stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided that no such change shall at any time cause the Exercise Price hereunder to be increased.
Appears in 2 contracts
Samples: Exercise Agreement (Sterling Construction Co Inc), Exercise Agreement (Siga Technologies Inc)
Change in Option Price or Conversion Rate. If the purchase price provided for in any OptionsOption, the additional consideration, consideration (if any, ) payable upon the issue, conversion or exchange of any Convertible Securities Security, or the rate at which any Convertible Securities are Security is convertible into or exchangeable for Common Stock Securities changes at any time, the Exercise Conversion Price in effect at the time of such change shall be adjusted immediately adjusted to the Exercise Conversion Price which would have been in effect at such time had such Options Option or Convertible Securities still outstanding Security originally provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or sold; provided, that if such adjustment of the Conversion Price would result in an increase in the Conversion Price then in effect, such adjustment shall not be effective until thirty (30) calendar days after written notice thereof has been given to all Payees. For purposes of this Section 2C8(c), if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance issuance of this Warrant Note are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock Securities deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided provided, that no such change shall at any time cause the Exercise Conversion Price hereunder to be increased.
Appears in 2 contracts
Samples: Loud Technologies Inc, Loud Technologies Inc
Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the conversion or exchange of any Convertible Securities Common Stock Equivalents or the rate at which any Convertible Securities Common Stock Equivalents are convertible into or exchangeable for Common Stock changes at any timetime (in each case, other than as a result of antidulition provisions applicable to such Options or such Common Stock Equivalents) , the applicable Exercise Price in effect at the time of such change shall be immediately adjusted to the such Exercise Price which would have been in effect at such time had such Options or Convertible Securities Common Stock Equivalents still outstanding provided for such changed purchase price, additional consideration or conversion rate, as the case may be, at the time initially granted, issued or soldsold and the number of shares of Warrant Stock shall be correspondingly adjusted. For purposes of this Section 2CB, if the terms of any Option or Convertible Security which was outstanding as of the Date of Issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided that no such change shall at any time cause the Exercise Price hereunder of such Warrant Stock to be increased.
Appears in 2 contracts
Samples: Exercise Agreement (Navtech Inc), Exercise Agreement (Navtech Inc)
Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the conversion or exchange of any Convertible Securities or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Conversion Price in effect at the time of such change shall be immediately adjusted to the Exercise Conversion Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or conversion rate, as the case may be, at the time initially granted, issued or sold; provided that if such adjustment would result in an increase of the Conversion Price then in effect, such adjustment shall not be effective until 30 days after written notice thereof has been given by the Corporation to all holders of the Loans. For purposes of this Section 2Cparagraph 1C, if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance issuance of this Warrant the Loans are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided that no such change shall at any time cause the Exercise Conversion Price hereunder to be increased.
Appears in 2 contracts
Samples: Conversion Agreement (Focal Communications Corp), Conversion Agreement (Focal Communications Corp)
Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Price in effect at the time of such change shall be adjusted immediately adjusted to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or soldsold and the number of shares of Common Stock shall be correspondingly adjusted. For purposes of this Section 2CSECTION 2B, if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided that no such change shall at any time cause the Exercise Price hereunder to be increased.
Appears in 2 contracts
Samples: Zimmerman Sign Co, Zimmerman Sign Co
Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Price in effect at the time of such change shall be adjusted immediately adjusted to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or soldsold and the number of shares of Warrant Stock shall be correspondingly adjusted. For purposes of this Section 2C3B, if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided that no such change shall at any time cause the Exercise Price hereunder to be increased.
Appears in 2 contracts
Samples: Exercise Agreement (Thayer Equity Investors Iii Lp), MLC Holdings Inc
Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Price in effect at the time of such change shall be adjusted immediately adjusted to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or soldsold and the number of Warrant Shares shall be correspondingly adjusted. For purposes of this Section 2C2B, if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided provided, that (A) no such change shall at any time cause the Exercise Price hereunder to be increased, and (B) no adjustment to the Conversion Price pursuant to this clause (iii) shall be made as a result of any adjustment to the exercise and/or conversion price with respect to the Bayview Warrant, CEX Convertible Note or the Preferred Warrants pursuant to and in accordance with the antidilution protection provisions of such securities as in effect on May 31, 2000.
Appears in 2 contracts
Samples: United Shipping & Technology Inc, United Shipping & Technology Inc
Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Price in effect at the time of such change shall be adjusted immediately adjusted to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or soldsold and the number of shares of Warrant Stock shall be correspondingly adjusted; provided that if such adjustment would result in an increase of the Exercise Price then in effect, such adjustment shall not be effective until 30 days after written notice thereof has been given by the Company to all holders of the Warrants. For purposes of this Section 2CParagraph 2B, if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion conversation or exchange thereof shall be deemed to have been issued as of the date of such change; provided that no such change shall at any time cause the Exercise Price hereunder to be increased.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Lifecell Corp), Lifecell Corp
Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Price in effect at the time of such change shall be adjusted immediately adjusted to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or soldsold and the number of shares of Common Stock issuable hereunder shall be correspondingly adjusted. For purposes of this Section 2Cparagraph 2F, if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided that no such change shall at any time cause the Exercise Price hereunder to be increased.
Appears in 2 contracts
Samples: Warrant Purchase and Registration Agreement (Akorn Inc), Exercise Agreement (Akorn Inc)
Change in Option Price or Conversion Rate. If the ----------------------------------------------- purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Price in effect at the time of such change shall be adjusted immediately adjusted to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or soldsold and the number of shares of Common Stock issuable hereunder shall be correspondingly adjusted. For purposes of this Section 2Cparagraph 2B, if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided that no such change shall at any time cause the Exercise Price hereunder to be increased.
Appears in 1 contract
Change in Option Price or Conversion Rate. If the purchase ----------------------------------------- price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Price in effect at the time of such change shall be adjusted immediately adjusted to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or soldsold and the number of shares of Common Stock issuable hereunder shall be correspondingly adjusted; provided that no such -------- change shall at any time cause the Exercise Price hereunder to be increased. For purposes of this Section 2Cparagraph 2B, if the terms of any Option or Convertible Security which was outstanding as of the Date of Issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided that no such change shall at any time cause the -------- Exercise Price hereunder to be increased.
Appears in 1 contract
Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the conversion or exchange of any Convertible Securities or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Price in effect at the time of such change shall be immediately adjusted to the Exercise Price which that would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or conversion rate, as the case may be, at the time initially granted, issued or sold; provided, that, if such adjustment of the Exercise Price would result in an increase in the Exercise Price then in effect, the Company will promptly give all Holders written notice of such increase. For purposes of this Section 2C5.3.(c), if the terms of any Option or Convertible Security which that was outstanding as of the Original Issue Date of Issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided that provided, that, no such change shall at any time cause the Exercise Price hereunder to be increased.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Xstream Systems Inc)
Change in Option Price or Conversion Rate. If any of (a) the purchase price provided for in any Options, (b) the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities Securities, or (c) the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, then the Exercise Price in effect at the time of such change shall be adjusted immediately adjusted to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or soldsold and the number of shares of Warrant Stock shall be correspondingly adjusted. For purposes of this Section 2Cparagraph 2(b), if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided that no such change shall at any time cause the Exercise Price hereunder to be increased.
Appears in 1 contract
Samples: Zam Holdings L P
Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issuance, conversion or exchange of any Convertible Securities Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes change (by their terms or by amendment, waiver or otherwise) at any time, the Exercise Price in effect at the time number of such change shares of Warrant Stock acquirable upon exercise of this Warrant shall be immediately adjusted immediately, subject to the Exercise Price which proviso of the following sentence, to the number of shares that would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or sold. For purposes of this Section 2Cparagraph 2B, if the terms of any Option or Convertible Security which was outstanding as of the Date of Issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided that no such change shall at any time cause the Exercise Price hereunder number of shares of Warrant Stock acquirable upon exercise of this Warrant to be increaseddecrease.
Appears in 1 contract
Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Price in effect at the time of such change shall be adjusted immediately adjusted to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or soldsold and the number of shares of Common Stock issuable hereunder shall be correspondingly adjusted. For purposes of this Section 2Cparagraph 2B, if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided that no such change shall at any time cause the Exercise Price hereunder to be increased.
Appears in 1 contract
Samples: Hines Horticulture Inc
Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the conversion or exchange of any Convertible Securities or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Price in effect at the time of such change shall be immediately adjusted to the Exercise Price which that would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or conversion rate, as the case may be, at the time initially granted, issued or sold; provided, that, if such adjustment of the Exercise Price would result in an increase in the Exercise Price then in effect, the Company will promptly give all Holders written notice of such increase. For purposes of this Section 2C5.3(c), if the terms of any Option or Convertible Security which that was outstanding as of the Original Issue Date of Issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided that provided, that, no such change shall at any time cause the Exercise Price hereunder to be increased.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Xstream Systems Inc)
Change in Option Price or Conversion Rate. If Except for Options granted in accordance with the provisions of paragraph (f)(iii) above or non-exerciseable rights issued in accordance with the Rights Plan, if the purchase price provided for in any Options, the additional consideration, if any, payable upon the conversion or exchange of any Convertible Securities or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Conversion Price of shares of such Subseries in effect at the time of such change shall be immediately adjusted to the Exercise Conversion Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or conversion rate, as the case may be, at the time initially granted, issued or sold. For purposes of this Section 2Cparagraph (g), if the terms of any Option or Convertible Security which was outstanding as of the Original Date of Issuance Issue of this Warrant shares of such Subseries are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided provided, that no such change shall at any time cause the Exercise Conversion Price hereunder to be increased.
Appears in 1 contract
Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the conversion or exchange of any Convertible Securities or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Price in effect at the time of such change shall be immediately adjusted to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or conversion rate, as the case may be, at the time initially granted, issued or sold; PROVIDED, that if such adjustment would result in an increase of the Exercise Price then in effect, such adjustment shall not be effective until 30 days after written notice thereof has been given by the Corporation to all holders of the Shares. For purposes of this Section 2C2(b), if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided PROVIDED that no such change shall at any time cause the Exercise Price hereunder to be increased.
Appears in 1 contract
Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Price in effect at the time of such change shall be adjusted immediately adjusted to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or soldsold and the number of shares of Common Stock issuable hereunder shall be correspondingly adjusted; provided that if such adjustment would result in an increase of the Exercise Price then in effect, such adjustment shall not be effective until 30 days after written notice thereof has been given by the Company to all holders of the Warrants. For purposes of this Section 2C2B, if the terms of any Option or Convertible Security which was outstanding as of the Date of Issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided that no such change shall at any time cause the Exercise Price hereunder to be increased.
Appears in 1 contract
Samples: Exercise Agreement (M/a-Com Technology Solutions Holdings, Inc.)
Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon on the issue, conversion or exchange of any Convertible Securities Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock Ordinary Shares changes at any time, the Exercise Price in effect at the time of such change shall will be adjusted immediately adjusted to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or soldsold and the number of shares of Ordinary Shares issuable hereunder will be correspondingly adjusted. For purposes of this Section 2Cparagraph 7.2, if the terms of any Option or Convertible Security which was outstanding as of the Date of Issuance date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock Ordinary Shares deemed issuable upon on exercise, conversion or exchange thereof shall will be deemed to have been issued as of the date of such change; provided that . Notwithstanding the foregoing no such change shall will at any time cause the Exercise Price hereunder to be increased.
Appears in 1 contract
Samples: Note Purchase and Loan Agreement (Seven Seas Petroleum Inc)
Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange ex change of any Convertible Securities Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Price in effect at the time of such change shall be adjusted immediately adjusted to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or soldsold and the number of shares of Common Stock shall be correspondingly adjusted. For purposes of this Section 2C2B, if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided that no such change shall at any time cause the Exercise Price hereunder to be increased.
Appears in 1 contract
Samples: Zimmerman Sign Co
Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the conversion or exchange of any Convertible Securities or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Conversion Price in effect at the time of such change shall be immediately adjusted to the Exercise Conversion Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or conversion rate, as the case may be, at the time initially granted, issued or sold; provided that if such adjustment would result in an increase of the Conversion Price then in effect, such adjustment shall not be effective until thirty (30) days after written notice thereof has been given by the Company to all holders of the Notes. For purposes of this Section 2Cparagraph 5(c), if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance issuance of this Warrant the Preferred Stock are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided that no such change shall at any time cause the Exercise Conversion Price hereunder to be increased.
Appears in 1 contract
Samples: Covol Technologies Inc