Common use of Company to Prevent Dilution Clause in Contracts

Company to Prevent Dilution. In case at any time or from time to time conditions arise by reason of action taken by the Company or any of its subsidiaries, which are not adequately covered by the provisions of this Section 8, or which might adversely affect the exercise rights of the Holder, the Board of Directors of the Company shall appoint a firm of independent certified public accountants of recognized national standing, which shall give their opinion upon the adjustment, if any, necessary with respect to the Exercise Price and the Warrant Share Amount, on a basis consistent with the standards established in the other provisions of this Section 8, so as to preserve, without dilution, the exercise rights of the Holder. Upon receipt of such opinion, the Board of Directors of the Company shall forthwith make the adjustments described therein.

Appears in 3 contracts

Samples: Warrant Agreement (Choice One Communications Inc), Warrant Agreement (Choice One Communications Inc), Warrant Agreement (Choice One Communications Inc)

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Company to Prevent Dilution. In case at any time or from time to time conditions arise by reason of action taken by the Company or any of its subsidiaries, which are not adequately covered by the provisions of this Section 8, or 8,or which might adversely affect the exercise rights of the Holder, the Board of Directors of the Company shall appoint a firm of independent certified public accountants of recognized national standing, which shall give their opinion upon the adjustment, if any, necessary with respect to the Exercise Price and the Warrant Share Amount, on a basis consistent with the standards established in the other provisions of this Section 8, so as to preserve, without dilution, the exercise rights of the Holder. Upon receipt of such opinion, the Board of Directors of the Company shall forthwith make the adjustments described therein.

Appears in 2 contracts

Samples: Warrant Agreement (Choice One Communications Inc), Warrant Agreement (Choice One Communications Inc)

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