Changes in Common Stock. In the event that at any time or from time to time the Company shall (i) pay a dividend or make a distribution on its Common Stock payable in shares of its Common Stock or other equity interests of the Company, (ii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of shares of Common Stock issuable upon exercise of each Warrant immediately after the happening of such event shall be adjusted to a number determined by multiplying the number of shares of Common Stock that such holder would have owned or have been entitled to receive upon exercise had such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock or other shares of capital stock, immediately prior to the record date therefor) by a fraction, the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 4.8, the Exercise Price for each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such event by the aforementioned fraction. An adjustment made pursuant to this Section 4.1 shall become effective immediately after the effective date of such event, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock or other shares of the Company's capital stock.
Appears in 2 contracts
Samples: Warrant Agreement (Startec Global Communications Corp), Warrant Agreement (Metricom Inc / De)
Changes in Common Stock. In the event that at any time or from time to time after the date hereof the Company shall (ia) pay a dividend in shares of its Common Stock or make a distribution on its Common Stock payable in shares of its Common Stock or other equity interests of the CompanyStock, (iib) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iiic) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (ivd) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of shares of Common Stock issuable purchasable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving affect to a number determined by multiplying such adjustment, the Holder of each Warrant shall be entitled to receive the number of shares of Common Stock upon exercise that such holder would have owned or have been entitled to receive upon exercise had such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock or other shares of capital stockStock, immediately prior to the record date therefor) by a fraction, the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 4.8, the Exercise Price for each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such event by the aforementioned fraction). An adjustment made pursuant to this Section 4.1 shall become effective immediately after the effective date of such eventdate, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock Stock, and shall become effective immediately after the effective date in the case of a subdivision, combination or other shares of the Company's capital stockreclassification.
Appears in 2 contracts
Samples: Warrant Agreement (Mariner Health Care Inc), Warrant Agreement (Mariner Health Care Inc)
Changes in Common Stock. In the event that at any time or and from time to time the Company shall (ia) pay a dividend or make a distribution on its the Common Stock payable in with shares of its Common Stock or other equity interests shares of the CompanyCapital Stock, (iib) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iiic) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock Stock, or (ivd) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of shares of Common Stock Warrant Shares issuable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to a number determined by multiplying such adjustment, the Holder of each Warrant shall be entitled to receive the number of shares Warrant Shares upon exercise of Common Stock such Warrant that such holder Holder would have owned or would have been entitled to receive upon exercise had such Warrants been exercised (whether or not currently exercisable) immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of on the Common Stock or other shares of capital stockStock, immediately prior to the record date therefor) by a fraction, the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 4.8, the Exercise Price for each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such event by the aforementioned fraction). An adjustment made pursuant to this Section 4.1 4.03 shall become effective immediately after the effective date of such eventdistribution date, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock or other shares of Capital Stock, and shall become effective immediately after the Company's capital stockeffective date in the case of a subdivision, combination or reclassification.
Appears in 2 contracts
Samples: Warrant Agreement (Nuverra Environmental Solutions, Inc.), Warrant Agreement (Nuverra Environmental Solutions, Inc.)
Changes in Common Stock. In the event that at any time or and from time to time the Company shall (i) pay a dividend or make a distribution on its the Common Stock payable in shares of its Common Stock or other equity interests shares of the CompanyCapital Stock, (ii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of shares of Common Stock issuable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to a number determined by multiplying such adjustment, the Holder of each Warrant shall be entitled to receive the number of shares of Common Stock upon exercise of such Warrant that such holder Holder would have owned or have been entitled to receive upon exercise had such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock or other shares of capital stockStock, immediately prior to the record date therefor) by a fraction, the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 4.8, the Exercise Price for each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such event by the aforementioned fraction). An adjustment made pursuant to this Section 4.1 4.01 shall become effective immediately after the effective date of such eventdistribution date, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock or other shares of Capital Stock, and shall become effective immediately after the Company's capital stockeffective date in the case of a subdivision, combination or reclassification.
Appears in 2 contracts
Samples: Warrant Agreement (Tultex Corp), Warrant Agreement (Mediq Inc)
Changes in Common Stock. In the event that at any time or and from time to time the Company shall (i) pay a dividend or make a distribution on its the Common Stock payable in shares of its Common Stock or other equity interests shares of the CompanyCapital Stock, (ii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (iv) increase or decrease the number of shares of Class A Common Stock outstanding by reclassification of its Common Stock, then the number of shares of Class A Common Stock issuable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to a number determined by multiplying such adjustment, the Holder of each Warrant shall be entitled to receive the number of shares of Class A Common Stock upon exercise of such Warrant that such holder Holder would have owned or have been entitled to receive upon exercise had such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock or other shares of capital stockStock, immediately prior to the record date therefor) by a fraction, the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 4.8, the Exercise Price for each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such event by the aforementioned fraction). An adjustment made pursuant to this Section 4.1 4.01 shall become effective immediately after the effective date of such eventdistribution date, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock or other shares of Capital Stock, and shall become effective immediately after the Company's capital stockeffective date in the case of a subdivision, combination or reclassification.
Appears in 1 contract
Samples: Warrant Agreement (Intersil Corp)
Changes in Common Stock. In the event that at any time or ----------------------- from time to time the Company Careside shall (i) pay a stock dividend or make a distribution on its Common Stock payable in shares of its Common Stock or other equity interests shares of the Companyits capital stock, (ii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of shares of Common Stock issuable upon exercise of each Warrant immediately after the happening of such event shall be adjusted to a number determined by multiplying the number of shares of Common Stock that such holder a Holder would have owned or have been entitled to receive upon exercise had such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock or other shares of capital stock, immediately prior to the record date therefor) by a fraction, the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 4.84.07, the Exercise Price for each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such event by the aforementioned such fraction. An adjustment made pursuant to this Section 4.1 4.01 shall become effective immediately after the effective date of such event, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock or other shares of the CompanyCareside's capital stock.
Appears in 1 contract
Samples: Warrant Agreement (Careside Inc)
Changes in Common Stock. In the event that at any time or and from time to time the Company shall (i) pay a dividend or make a distribution on its the Common Stock payable in shares of its Common Stock or other equity interests shares of the CompanyCapital Stock, (ii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of shares of Common Stock issuable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to a number determined by multiplying such adjustment, the Holder of each Warrant shall be entitled to receive the number of shares of Common Stock upon exercise of such Warrant that such holder Holder would have owned or would have been entitled to receive upon exercise had such Warrants been exercised 27 23 immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock or other shares of capital stockStock, immediately prior to the record date therefor) by a fraction, the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 4.8, the Exercise Price for each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such event by the aforementioned fractionthere for). An adjustment made pursuant to this Section 4.1 4.01 shall become effective immediately after the effective date of such eventdistribution date, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock or other shares of Capital Stock, and shall become effective immediately after the Company's capital stockeffective date in the case of a sub division, combination or reclassification.
Appears in 1 contract
Changes in Common Stock. In the event that If at any time or and from time to time the Company shall (ia) pay a dividend or make a distribution on its the Common Stock payable in with shares of its Common Stock or other equity interests shares of the CompanyCapital Stock, (iib) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iiic) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock Stock, or (ivd) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of shares of Common Stock Warrant Shares issuable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to a number determined by multiplying such adjustment, the Holder of each Warrant shall be entitled to receive the number of shares Warrant Shares upon exercise of Common Stock such Warrant that such holder Holder would have owned or would have been entitled to receive upon exercise had such Warrants been exercised (whether or not currently exercisable) immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of on the Common Stock or other shares of capital stockStock, immediately prior to the record date therefor) by a fraction, the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 4.8, the Exercise Price for each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such event by the aforementioned fraction). An adjustment made pursuant to this Section 4.1 4.02 shall become effective immediately after the effective date of such eventdistribution date, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock or other shares of Capital Stock, and shall become effective immediately after the Company's capital stockeffective date in the case of a subdivision, combination or reclassification.
Appears in 1 contract
Samples: Warrant Agreement (Nuverra Environmental Solutions, Inc.)
Changes in Common Stock. In the event that at any time or from time to time after the date hereof the Company shall (ia) pay a dividend or make a distribution on its Common Stock payable in shares of its Common Stock or other equity interests shares of the Companycapital stock, (iib) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iiic) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (ivd) increase or decrease the number of shares of Common Stock outstanding outstanding, in each case, by reclassification of its Common Stock, then the number of shares of Common Stock issuable upon exercise of each Warrant immediately after the happening of such event Strike Price shall be adjusted so that, after giving affect to such adjustment, the Holder (or potential Holder, in the case of CVRs still in escrow) of each CVR shall be entitled to receive a number determined by multiplying Contingent Value Payment in an amount equal to the number of shares of Common Stock Contingent Value Payment that such holder would have owned or have been entitled to receive upon exercise had such Warrants CVRs been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock or other shares of capital stockStock, immediately prior to the record date therefor) by a fraction, the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 4.8, the Exercise Price for each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such event by the aforementioned fraction). An adjustment made pursuant to this Section 4.1 5.1 shall become effective 15 immediately after the effective date of such eventdate, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock Stock, and shall become effective immediately after the effective date in the case of a subdivision, combination or other shares of the Company's capital stockreclassification.
Appears in 1 contract
Changes in Common Stock. In the event that at any time or and from time to time the Company shall (i) pay a dividend or make a distribution on its the Common Stock payable in shares of its Common Stock or other equity interests shares of the Companycapital stock, (ii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of shares of Common Stock Warrant Shares issuable upon exercise of each Warrant immediately after the happening of such event shall be proportionally adjusted so that, after giving effect to a number determined by multiplying such adjustment, the Holder of each Warrant shall be entitled to receive the number of shares Warrant Shares upon exercise of Common Stock such Warrant that such holder Holder would have owned or would have been entitled to receive upon exercise had such Warrants Warrant been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock or other shares of capital stockStock, immediately prior to the record date therefor) by a fraction, the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 4.8, the Exercise Price for each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such event by the aforementioned fraction). An adjustment made pursuant to this Section 4.1 6 shall become effective immediately after the effective date of such eventdistribution date, retroactive to the record date therefor therefore in the case of a dividend or distribution in shares of Common Stock or other shares of the Company's capital stock, and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification.
Appears in 1 contract
Changes in Common Stock. In the event that at any time or from time to time after the date hereof the Company shall (ia) pay a dividend in shares of its Common Stock or make a distribution on its Common Stock payable in shares of its Common Stock or other equity interests of the CompanyStock, (iib) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iiic) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (ivd) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then then, except as provided in Section 4.3 below, the number of shares of Common Stock issuable purchasable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving affect to a number determined by multiplying such adjustment, the Holder of each Warrant shall be entitled to receive the number of shares of Common Stock upon exercise that such holder Holder would have owned or have been entitled to receive upon exercise had such Warrants Warrant been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock or other shares of capital stockStock, immediately prior to the record date therefor) by a fraction, the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 4.8, the Exercise Price for each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such event by the aforementioned fraction). An adjustment made pursuant to this Section 4.1 shall become effective immediately after the effective date of any such eventevent described above, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock Stock, and shall become effective immediately after the effective date in the case of a subdivision, combination or other shares of the Company's capital stockreclassification.
Appears in 1 contract
Changes in Common Stock. In the event that at any time or from time to time the Company shall (i) pay a dividend or make a distribution on its Common Stock payable in shares of its Common Stock or other equity interests shares of the CompanyCapital Stock, (ii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of shares of Common Stock issuable purchasable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to a number determined by multiplying such adjustment, the Holder of each Warrant shall be entitled to receive the number of shares of Common Stock upon exercise of such Warrant that such holder Holder would have owned or have been entitled to receive upon exercise had such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock or other shares of capital stockStock, immediately prior to the record date therefor) by a fraction, the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 4.8, the Exercise Price for each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such event by the aforementioned fraction). An adjustment made pursuant to this Section 4.1 4.01 shall become effective immediately after the effective date of such eventdistribution date, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock Stock, and shall become effective immediately after the effective date in the case of a subdivision, combination or other shares of the Company's capital stockreclassification.
Appears in 1 contract
Changes in Common Stock. In the event that at any time or and from time to time the Company shall (i) pay a dividend or make a distribution on its Common Stock payable in shares of its Common Stock or other equity interests shares of the CompanyCapital Stock, (ii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of shares of Common Stock issuable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to a number determined by multiplying such adjustment, the Holder of each Warrant shall be entitled to receive the number of shares of Common Stock upon exercise of such Warrant that such holder Holder would have owned or have been entitled to receive upon exercise had such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock or other shares of capital stockStock, immediately prior to the record date therefor) by a fraction, the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 4.8, the Exercise Price for each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such event by the aforementioned fractionthere for). An adjustment made pursuant to this Section 4.1 4.01 shall become effective immediately after the effective date of such eventdistribution date, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock or other shares of Capital Stock, and shall become effective immediately after the Company's capital stockeffective date in the case of a sub division, combination or reclassification.
Appears in 1 contract
Samples: Warrant Agreement (Cd Radio Inc)
Changes in Common Stock. In the event that at any time or and from time to time the Company shall (i) pay a dividend or make a distribution on its the Common Stock payable in shares of its Common Stock or other equity interests shares of the CompanyCapital Stock, (ii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of shares of Common Stock issuable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to a number determined by multiplying such adjustment, the Holder of each Warrant shall be entitled to receive the number of shares of Common Stock upon exercise of such Warrant that such holder Holder would have owned or would have been entitled to receive upon exercise had such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock or other shares of capital stockStock, immediately prior to the record date therefor) by a fraction, the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 4.8, the Exercise Price for each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such event by the aforementioned fraction). An adjustment made pursuant to this Section 4.1 4.02 shall become effective immediately after the effective date of such eventdistribution date, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock or other shares of Capital Stock, and shall become effective immediately after the Company's capital stockeffective date in the case of a subdivision, combination or reclassification.
Appears in 1 contract
Changes in Common Stock. In the event that at any time or from time to time the Company shall (i) pay a dividend or make a distribution on its Common Stock payable in shares of its Common Stock or other equity interests the right to receive or convert into additional shares of the CompanyCommon Stock in each case, (ii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock Stock, or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of shares of Common Stock issuable purchasable upon exercise of each Warrant immediately after prior to the happening of such event shall be adjusted so that, after giving effect to a number determined by multiplying such adjustment, the holder of each Warrant shall be entitled to receive the number of shares of Common Stock upon exercise of such Warrant that such holder would have owned or have been entitled to receive upon exercise had such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock or other shares of capital stockStock, immediately prior to the record date therefor) by a fraction, the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 4.8, the Exercise Price for each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such event by the aforementioned fraction). An adjustment made pursuant to this Section 4.1 shall become effective immediately after the effective date of such eventdate, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock Stock, and shall become effective immediately after the effective date in the case of a subdivision, combination or other shares of the Company's capital stockreclassification.
Appears in 1 contract
Changes in Common Stock. In the event that at any time or from time to time the Company shall (i) pay a dividend or make a distribution on its Common Stock payable in shares of its Common Stock or other equity interests of the Company, (ii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of shares of Common Stock issuable upon exercise of each Warrant immediately after the happening of such event shall be adjusted to a number determined by multiplying the number of shares of Common Stock that such holder would have owned or have been entitled to receive upon exercise had such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock or other shares of capital stock, immediately prior to the record date therefor) by a fraction, the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 4.8, 4.08 the Exercise Price for each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such event by the aforementioned such fraction. An adjustment made pursuant to this Section 4.1 4.01 shall become effective immediately after the effective date of such event, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock or other shares of the Company's capital stock.
Appears in 1 contract
Samples: Warrant Agreement (Electronic Retailing Systems International Inc)
Changes in Common Stock. In the event that at any time or from time to time after the date hereof the Company shall (i) pay a dividend or make a distribution on its Common Stock payable in shares of its Common Stock or other equity interests of the CompanyStock, (ii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of shares of Common Stock issuable purchasable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to a number determined by multiplying such adjustment, the Holder of each Warrant shall be entitled to receive the number of shares of Common Stock upon exercise that such holder Holder would have owned or have been entitled to receive upon exercise had such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock or other shares of capital stockStock, immediately prior to the record date therefor) by a fraction), the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 4.8, the Exercise Price for each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such event by the aforementioned fractionin inverse proportion. An adjustment made pursuant to this Section 4.1 5.1 shall become effective immediately after the effective date of such eventdate, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock Stock, and shall become effective immediately after the effective date in the case of a subdivision, combination or other shares of the Company's capital stockreclassification.
Appears in 1 contract
Changes in Common Stock. In the event that at any time or and from time to time the Company shall (i) pay a dividend or make a distribution on its the Common Stock payable in shares of its Common Stock or other equity interests shares of the CompanyCapital Stock, (ii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of shares of Common Stock issuable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to a number determined by multiplying such adjustment, the Holder of each Warrant shall be entitled to receive the number of shares of Common Stock upon exercise of such Warrant that such holder Holder would have owned or have been entitled to receive upon exercise had such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock or other shares of capital stockStock, immediately prior to the record date therefor) by a fraction, the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 4.8, the Exercise Price for each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such event by the aforementioned fractionthere for). An adjustment made pursuant to this Section 4.1 4.01 shall become effective immediately after the effective date of such eventdistribution date, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock or other shares of Capital Stock, and shall become effective immediately after the Company's capital stockeffective date in the case of a sub division, combination or reclassification.
Appears in 1 contract
Changes in Common Stock. In the event that at any time or from time to time after the date hereof the Company shall (iI) pay a dividend or make a distribution on its Common Stock payable in shares of its Common Stock or other equity interests shares of the Companycapital stock, (iiII) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iiiIII) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (ivIV) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of shares of Common Stock issuable purchasable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving affect to a number determined by multiplying such adjustment, the Holder of each Warrant shall be entitled to receive the number of shares of Common Stock upon exercise that such holder would have owned or have been entitled to receive upon exercise had such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock or other shares of capital stockStock, immediately prior to the record date therefor) by a fraction), the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 4.8, the Exercise Price for each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such event by the aforementioned fractionin inverse proportion. An adjustment made pursuant to this Section 4.1 shall become effective immediately after the effective date of such eventdate, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock Stock, and shall become effective immediately after the effective date in the case of a subdivision, combination or other shares of the Company's capital stockreclassification.
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Samples: Senior Subordinated Note Purchase Agreement (New York Restaurant Group Inc)