Common use of Change in Option Price or Conversion Rate Clause in Contracts

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: Warrant Agreement (Hi Rise Recycling Systems Inc), Warrant Agreement (Sportsline Usa Inc), Warrant Agreement (Internet Sports Network Inc)

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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: Warrant Agreement (Xstream Systems Inc), Warrant Agreement (Xstream Systems Inc), 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: Warrant Agreement (Prime Group Realty Trust), Warrant Agreement (Prime Group Realty Trust), Warrant Agreement (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), Common Stock Purchase Warrant (CRC Inc), Common Stock Purchase Warrant (E Sync Networks 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. For purposes of this Section 2C5C, if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance issuance of this Warrant the Series I 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 and sold as of the date of such change; provided provided, that (A) no such change shall at any time cause the Exercise Conversion 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 outstanding capital security of the Corporation on the date hereof pursuant to and in accordance with the antidilution protection provisions of such securities as in effect on the date hereof.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Bet Associates Lp), Stock Purchase Agreement (Velocity Express Corp), Stock Purchase Agreement (Velocity Express Corp)

Change in Option Price or Conversion Rate. If If, in the case of Options and Convertible Securities issued on or after the Date of Issuance, the purchase price provided for in any such Options, the additional consideration, if any, payable upon the conversion or exchange of any such Convertible Securities or the rate at which any such 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, and the number of shares of Common 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 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 3 contracts

Samples: Warrant Agreement (SoftBrands, Inc.), Warrant Agreement (Abry Mezzanine Partners Lp), Warrant Agreement (SoftBrands, 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: Note and Warrant Purchase Agreement (Pointe Communications Corp), Note and Warrant Purchase Agreement (Pointe Communications Corp), Note and Warrant Purchase Agreement (Pointe Communications Corp)

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: Subordination Agreement (Loud Technologies Inc), Note (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 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: Stock Purchase Warrant (MLC Holdings Inc), Stock Purchase Warrant (Thayer Equity Investors Iii Lp)

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: Series a Convertible Participating Preferred Stock and Warrant Purchase Agreement (Navtech Inc), Series a Convertible Participating Preferred Stock and Warrant Purchase 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: Senior Subordinated Note, Preferred Stock and Warrant Purchase Agreement (Zimmerman Sign Co), Senior Subordinated Note, Preferred Stock and Warrant Purchase Agreement (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 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 Common 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: Warrant Agreement (United Shipping & Technology Inc), Stock Purchase Warrant (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 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: Warrant Agreement (Sterling Construction Co Inc), Warrant Agreement (Siga 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 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), Stock Purchase Warrant (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), Warrant 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 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: Senior Subordinated Note, Preferred Stock and Warrant Purchase Agreement (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: Securities Purchase Agreement (Covol 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 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)

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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: Series a 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: Warrant Agreement (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 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

Samples: Warrant Agreement (Novastar Financial 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 Aggregate Consideration 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 Aggregate 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; provided, further, that no adjustment shall be made hereunder as a result of a change of any such conversion rate as a result of the issuance of securities for which an adjustment would otherwise be made under Section 6(a). For purposes of this Section 2C6(c)(iii), if the terms of any Option or Convertible Security which that was outstanding as of the Date of Issuance of this Warrant date hereof 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 increasedincreased above the initial Exercise Price in effect upon issuance of Warrants on the date hereof.

Appears in 1 contract

Samples: Warrant Agreement (Photronics 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. For purposes of this Section 2CSECTION 7C, if the terms of any Option or Convertible Security which was outstanding as of the Date original date of Issuance issuance of this Warrant the Series A Preferred or Series B Preferred, respectively, are changed in the manner described in the immediately preceding sentence, then for purposes of the Conversion Price applicable to such Series A Preferred or Series B Preferred, as applicable, 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: Series B Convertible Preferred Stock Purchase Agreement (Corechange 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 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

Samples: Securities Purchase Agreement (T F Purifiner 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: Series a Preferred Stock Purchase 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 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: Stock Purchase Warrant (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 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 Company to all holders of the Series A Preferred and Series B Preferred. For purposes of this Section 2Cparagraph 7C, if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance issuance of this Warrant the Series A Preferred and Series B Preferred 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: Preferred Stock Purchase Agreement (Lechters Inc)

Change in Option Price or Conversion Rate. If If, in the case of Options and Convertible Securities issued on or after the Date of Issuance, the purchase price provided for in any such Options, the additional consideration, if any, payable upon the conversion or exchange of any such Convertible Securities or the rate at which any such 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, 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 provided, that no such change shall at any time cause the Exercise Price hereunder to be increasedincreased or the number of shares of Common Stock issuable hereunder to be decreased.

Appears in 1 contract

Samples: Warrant Agreement (Penton Media 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 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

Samples: Warrant Agreement (U S Aggregates 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

Samples: Securities Purchase Agreement (Labone 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

Samples: Note and Warrant Purchase Agreement (Pointe Communications Corp)

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