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.), Common Stock Purchase Warrant (SANUWAVE Health, Inc.), Common Stock Purchase Warrant (SANUWAVE Health, 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 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 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: Standby Equity Purchase 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 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), Secured Convertible Debenture (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: Convertible Note (Metalico Inc), Convertible Note (Metalico Inc), Convertible Note (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), Securities Purchase Agreement (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: Securities Purchase Agreement (Devcon International Corp), Consent and Waiver Agreement (Interpharm Holdings Inc), Securities Purchase 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 a Note Purchase Agreement (Storm Cat Energy CORP), Series B 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.), Warrant (CLS Holdings USA, 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 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: Series B Omnibus Amendment and Stockholder Consent (Telik Inc), Securities Purchase Agreement (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 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: Warrant Agreement (Performance Health Technologies Inc), Warrant Agreement (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 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 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: Purchase Agreement (GeoEye, 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 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
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
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: Ordinary Share Purchase Warrant (Todos Medical 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 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
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: Secured Convertible Debenture (Kona Gold Solutions, 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: Convertible Note Agreement (Adcare Health Systems, 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 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)(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
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
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)
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: Senior Secured Convertible Note (Inksure Technologies 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)(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
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 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)(ii9(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 shares of Series E Preferred Stock 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 (Stratus Media 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 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)(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
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, exercise or exchange of any convertible securitiesConvertible Securities, or the rate at which any convertible securities Convertible Securities are convertible into or exercisable or exchangeable for Shares changes Common Stock increases or decreases at any time (in each case excluding Excluded Securities)time, then the Exercise Price in effect at the time of such change adjustment required by this Section 11 shall be adjusted to the Exercise Price that would have been in effect recalculated at such time had as if such Options or convertible securities Convertible Securities provided for such changed increased or decreased purchase price, additional consideration or changed increased or decreased conversion rate, as the case may be, at the time initially granted, issued or sold. For purposes of this Section 4(b)(ii11(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 increased or decreased 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 changeincrease or decrease. No adjustment pursuant to this Section 4(b) 11 shall be made if such adjustment would result in an increase a lower number of shares of Common Stock being issued to the Exercise Price then in effectSubscriber than previously calculated pursuant to this Section 11.
Appears in 1 contract
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 Warrant (Globe Net Wireless 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)(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: Merger Agreement (Vringo 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
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
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
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 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 (Cirtran Corp)
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