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

Change in Option Price or Rate of Conversion. 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, or the rate at which any convertible securities are convertible into or exchangeable for Shares changes at any time (in each case excluding Excluded Securities), the Exercise Price in effect at the time of such change shall be adjusted to the Exercise Price that would have been in effect at such time had such Options or convertible securities 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 4(b)(ii), if the terms of any Option or convertible security that was outstanding as of the Initial Exercise Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security and the Shares deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Price then in effect.

Appears in 9 contracts

Samples: Common Stock Purchase Warrant (SANUWAVE Health, Inc.), SANUWAVE Health, Inc., SANUWAVE Health, Inc.

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Change in Option Price or Rate of Conversion. 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, or the rate at which any convertible securities are convertible into or exchangeable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Warrant Exercise Price in effect at the time of such change shall be adjusted to the Warrant Exercise Price that which would have been in effect at such time had such Options or convertible securities 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 issuable upon exercise of this Warrant shall be correspondingly readjusted. For purposes of this Section 4(b)(ii8(b)(iii), if the terms of any Option or convertible security that was outstanding as of the Initial Exercise Issuance Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b8(b) shall be made if such adjustment would result in an increase of the Warrant Exercise Price then in effect.

Appears in 7 contracts

Samples: Pledge Agreement (AGBA Group Holding Ltd.), Senior Secured Convertible Note (Infinity Resources Holdings Corp.), Securities Purchase Agreement (Infinity Resources Holdings Corp.)

Change in Option Price or Rate of Conversion. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Conversion Price in effect at the time of such change shall be adjusted to the Exercise Conversion Price that would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii7(a)(iii), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Subscription Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares shares of Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Conversion Price then in effect.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Security Devices International Inc.), Securities Purchase Agreement (Security Devices International Inc.), Securities Purchase Agreement (Security Devices International Inc.)

Change in Option Price or Rate of Conversion. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Conversion Price in effect at the time of such change shall be adjusted to the Exercise Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii)Section, if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Issuance Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Conversion Price then in effect.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Infinity Resources Holdings Corp.), Securities Purchase Agreement (Global Energy Inc), Senesco Technologies Inc

Change in Option Price or Rate of Conversion. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Conversion Price in effect at the time of such change shall be adjusted to the Exercise Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii7(a)(iii), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Subscription Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Conversion Price then in effect.

Appears in 5 contracts

Samples: Metalico Inc, Metalico Inc, Metalico Inc

Change in Option Price or Rate of Conversion. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Conversion Price in effect at the time of such change shall be adjusted to the Exercise Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii2(f)(i)(C), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Subscription Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Conversion Price then in effect.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Cano Petroleum, Inc), Investors Rights Agreement (Cano Petroleum, Inc), Agreement and Plan of Merger (Cano Petroleum, Inc)

Change in Option Price or Rate of Conversion. If the purchase or exercise price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Conversion Price in effect at the time of such change shall be adjusted to the Exercise Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii2(f)(i)(C), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Date date of this Warrant issuance of the Preferred Shares are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Conversion Price then in effect.

Appears in 4 contracts

Samples: Consent and Waiver Agreement (Interpharm Holdings Inc), Securities Purchase Agreement (Devcon International Corp), Subordination Agreement (Prentice Capital Management, LP)

Change in Option Price or Rate of Conversion. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Common Shares changes at any time (in each case excluding Excluded Securities)time, the Exercise Conversion Price in effect at the time of such change shall be adjusted to the Exercise Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii4.4(a)(iii), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Execution Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Common Shares deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Conversion Price then in effect.

Appears in 3 contracts

Samples: Series B Note Purchase Agreement (Storm Cat Energy CORP), Series a Note Purchase Agreement (Storm Cat Energy CORP), Series a Note Purchase Agreement (Storm Cat Energy CORP)

Change in Option Price or Rate of Conversion. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Warrant Exercise Price in effect at the time of such change shall be adjusted to the Warrant Exercise Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii8(b)(iii), if the terms of any Option or convertible security that was outstanding as of the Initial Exercise Issuance Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b8(b) shall be made if such adjustment would result in an increase of the Warrant Exercise Price then in effect.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Us Nuclear Corp.), Warrant (CLS Holdings USA, Inc.), CLS Holdings USA, Inc.

Change in Option Price or Rate of Conversion. 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, or the rate at which any convertible securities are convertible into or exchangeable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Warrant Exercise Price in effect at the time of such change shall be adjusted to the Warrant Exercise Price that which would have been in effect at such time had such Options or convertible securities 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 issuable upon exercise of this Warrant shall be correspondingly readjusted. For purposes of this Section 4(b)(ii5.01(b)(iii), if the terms of any Option or convertible security that was outstanding as of the Initial Exercise Issuance Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b5.01(b) shall be made if such adjustment would result in an increase of the Warrant Exercise Price then in effect.

Appears in 2 contracts

Samples: Performance Health Technologies Inc, Performance Health Technologies Inc

Change in Option Price or Rate of Conversion. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Company Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Fixed Conversion Price in effect at the time of such change shall be adjusted to the Exercise Fixed Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii7(a)(iii), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Issuance Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Company Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Fixed Conversion Price then in effect.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Antigenics Inc /De/), Securities Purchase Agreement (Antigenics Inc /De/)

Change in Option Price or Rate of Conversion. If the purchase or exercise price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Fixed Conversion Price in effect at the time of such change shall be adjusted to the Exercise Fixed Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii3(d)(i)(C), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Subscription Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Fixed Conversion Price then in effect.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Telik Inc), Telik Inc

Change in Option Price or Rate of Conversion. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Conversion Price in effect at the time of such change shall be adjusted to the Exercise Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii7(a)(iii), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Closing Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Conversion Price then in effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Charys Holding Co Inc)

Change in Option Price or Rate of Conversion. If the purchase or exercise price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Conversion Price in effect at the time of such change shall be adjusted to the Exercise Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii2(f)(i)(C), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Date date of this Warrant issuance of the Notes are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Conversion Price then in effect.

Appears in 1 contract

Samples: Registration Rights Agreement (Britesmile Inc)

Change in Option Price or Rate of Conversion. 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, or the rate at which any convertible securities are convertible into or exchangeable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Warrant Exercise Price in effect at the time of such change shall be adjusted to the Warrant Exercise Price that which would have been in effect at such time had such Options or convertible securities 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 issuable upon exercise of this Warrant shall be correspondingly readjusted. For purposes of this Section 4(b)(ii8(b)(iii), if the terms of any Option or convertible security that was outstanding as of the Initial Exercise Date date of this Warrant the Securities Purchase Agreement are changed in the manner described in the immediately preceding sentence, then such Option or convertible security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b8(b) shall be made if such adjustment would result in an increase of the Warrant Exercise Price then in effect.

Appears in 1 contract

Samples: Forbearance Agreement and Amendment (Cirtran Corp)

Change in Option Price or Rate of Conversion. If the purchase or exercise price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Conversion Price in effect at the time of such change shall be adjusted to the Exercise Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii6(a)(iii), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Date date of this Warrant issuance of the Debentures are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Conversion Price then in effect.

Appears in 1 contract

Samples: Debenture Agreement (Hollywood Media Corp)

Change in Option Price or Rate of Conversion. If the ---------------------------------------------- purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion Conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Conversion Price in effect at the time of such change shall be adjusted to the Exercise Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities provided for such changed purchase price, additional consideration or changed conversion Conversion rate, as the case may be, at the time initially granted, issued or sold. For purposes of this Section 4(b)(ii7(a)(iii), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Issuance Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion Conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Conversion Price then in effect.

Appears in 1 contract

Samples: Securities Exchange Agreement (Charys Holding Co Inc)

Change in Option Price or Rate of Conversion. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Conversion Price in effect at the time of such change shall be adjusted to the Exercise Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii13.09(a)(iii), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Subscription Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Conversion Price then in effect.

Appears in 1 contract

Samples: Indenture (Nanogen Inc)

Change in Option Price or Rate of Conversion. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Price in effect at the time of such change shall be adjusted to the Exercise Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii5.5(c), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Subscription Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Price then in effect.

Appears in 1 contract

Samples: Iron Mining Group, Inc.

Change in Option Price or Rate of Conversion. 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, or the rate at which any convertible securities are convertible into or exchangeable for Common Shares changes at any time (in each case excluding Excluded Securities), the Exercise Price in effect at the time of such change shall be adjusted to the Exercise Price that would have been in effect at such time had such Options or convertible securities 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 4(b)(ii), if the terms of any Option or convertible security that was outstanding as of the Initial Exercise Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security and the Common Shares deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Price then in effect.

Appears in 1 contract

Samples: Common Share Purchase (Globe Net Wireless Corp.)

Change in Option Price or Rate of Conversion. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Fixed Conversion Price in effect at the time of such change shall be adjusted to the Exercise Fixed Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii2(g)(i)(C), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Date date of this Warrant issuance of the Preferred Shares are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Fixed Conversion Price then in effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (E-Net Financial Com Corp)

Change in Option Price or Rate of Conversion. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Conversion Price in effect at the time of such change shall be adjusted to the Exercise Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii7(a)(iii), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Issuance Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Conversion Price then in effect.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Imation Corp)

Change in Option Price or Rate of Conversion. If the purchase or exercise price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Conversion Price in effect at the time of such change shall be adjusted to the Exercise Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii2.10(g)(iii)(C), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Closing Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Conversion Price then in effect.

Appears in 1 contract

Samples: Credit Agreement (Hearusa Inc)

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Change in Option Price or Rate of Conversion. If the purchase or exercise price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Conversion Price in effect at the time of such change shall be adjusted to the Exercise Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii8(b)(iii), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Subscription Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Conversion Price then in effect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Vringo Inc)

Change in Option Price or Rate of Conversion. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Price in effect at the time of such change shall be adjusted to the Exercise Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii3(b)(iii), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Closing Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Price then in effect.

Appears in 1 contract

Samples: Common Stock Purchase (Omnireliant Holdings, Inc.)

Change in Option Price or Rate of Conversion. If (1) the purchase price provided for in any Options, (2) the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or (3) the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, then the Exercise Conversion Price in effect at the time of such change shall be adjusted to the Exercise Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii2(f)(i)(C), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Subscription Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Conversion Price then in effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Brooke Corp)

Change in Option Price or Rate of Conversion. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Conversion Price in effect at the time of such change shall be adjusted to the Exercise Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii7(a)(iii), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Closing Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Conversion Price then in effect.

Appears in 1 contract

Samples: Inksure Technologies Inc.

Change in Option Price or Rate of Conversion. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Conversion Price in effect at the time of such change shall be adjusted to the Exercise Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii6(a)(iii), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Subscription Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Conversion Price then in effect.

Appears in 1 contract

Samples: Adcare Health Systems, Inc

Change in Option Price or Rate of Conversion. If the purchase or exercise price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Conversion Price in effect at the time of such change shall be adjusted to the Exercise Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii3(e)(i)(C), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Effective Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Conversion Price then in effect.

Appears in 1 contract

Samples: Registration Rights Agreement (GeoEye, Inc.)

Change in Option Price or Rate of Conversion. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Common Shares changes at any time (in each case excluding Excluded Securities)time, the Exercise Conversion Price in effect at the time of such change shall be adjusted to the Exercise Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii7(a)(iii), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Subscription Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Common Shares deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Conversion Price then in effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (A-Power Energy Generation Systems, Ltd.)

Change in Option Price or Rate of Conversion. 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, or the rate at which any convertible securities are convertible into or exchangeable for Ordinary Shares changes at any time (in each case excluding Excluded Securities), the Exercise Price in effect at the time of such change shall be adjusted to the Exercise Price that would have been in effect at such time had such Options or convertible securities 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 4(b)(ii), if the terms of any Option or convertible security that was outstanding as of the Initial Exercise Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security and the Ordinary Shares deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Price then in effect.

Appears in 1 contract

Samples: Todos Medical Ltd.

Change in Option Price or Rate of Conversion. If the purchase or exercise price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Conversion Price in effect at the time of such change shall be adjusted to the Exercise Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii3(e)(i)(C), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Date date of this Warrant issuance of the Preferred Shares are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Conversion Price then in effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Act Teleconferencing Inc)

Change in Option Price or Rate of Conversion. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Conversion Price in effect at the time of such change shall be adjusted to the Exercise Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii8.1.1(c), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Subscription Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Conversion Price then in effect.

Appears in 1 contract

Samples: Loan Agreement (Iron Mining Group, Inc.)

Change in Option Price or Rate of Conversion. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Conversion Price in effect at the time of such change shall be adjusted to the Exercise Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii8(a)(iii), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Issuance Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Conversion Price then in effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Global Power Equipment Group Inc/)

Change in Option Price or Rate of Conversion. If the purchase or exercise price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible exchangeable into or exchangeable or exercisable for Common Shares changes at any time (in each case excluding Excluded Securities)time, the Exercise Exchange Price in effect at the time of such change shall be adjusted to the Exercise Exchange Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii4(s)(iv)(A)(III), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Closing Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Common Shares deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Exchange Price then in effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Banro Corp)

Change in Option Price or Rate of Conversion. If the purchase or exercise price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Price in effect at the time of such change shall be adjusted to the Exercise Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii8(a)(iii), if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Date date of this Warrant issuance of the Notes are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Price then in effect.

Appears in 1 contract

Samples: Registration Rights Agreement (Britesmile Inc)

Change in Option Price or Rate of Conversion. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion conversion, exchange or exchange exercise of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exchangeable or exercisable for Shares Common Stock changes at any time (in each case excluding Excluded Securities)time, the Exercise Fixed Conversion Price in effect at the time of such change shall be adjusted to the Exercise Conversion Price that which would have been in effect at such time had such Options or convertible securities Convertible Securities 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 4(b)(ii)Section, if the terms of any Option or convertible security Convertible Security that was outstanding as of the Initial Exercise Issuance Date of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or convertible security Convertible Security and the Shares Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change. No adjustment pursuant to this Section 4(b) shall be made if such adjustment would result in an increase of the Exercise Conversion Price then in effect.

Appears in 1 contract

Samples: Kona Gold Solutions, Inc.

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