Common use of Conditions Not Specifically Covered Clause in Contracts

Conditions Not Specifically Covered. In case at any time conditions shall arise by reason of action taken by the Company, which, in the good faith judgment of the Company's Board of Directors, are not adequately covered by the limited antidilution provisions of this Warrant so as to potentially materially and adversely affect the rights of the Warrant Holder or Warrant Holders, or, in case at any time any such conditions are expected to arise by reason of any action contemplated by the Company, its Board of Directors shall appoint a firm of independent certified public accountants of recognized standing (which may be the firm that regularly examines the Company's financial statements), who shall give an opinion as to the adjustment, if any (not inconsistent with the standards established in this Section 2 hereof), of the Purchase Price, which is, or would be, required to preserve, without dilution, the rights of the Warrant Holder or Warrant Holders to the extent provided herein. The Company's Board of Directors shall make the adjustment recommended forthwith upon the receipt of such opinion or the taking of any such action contemplated, as the case may be. Nothing in this Section 2.6 or any other provision of this Warrant shall permit or require adjustment regarding the number of shares of Common Stock into which this Warrant may hereafter be exercisable, it being the parties' intention to limit antidilution protection in this Warrant solely to adjustments to the Purchase Price.

Appears in 4 contracts

Samples: Data Critical Corp, Data Critical Corp, Data Critical Corp

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Conditions Not Specifically Covered. In case at any time conditions shall arise by reason of action taken by the Company, which, in the good faith judgment of the Company's Board of Directors, are not adequately covered by the limited antidilution provisions of this Warrant so as to potentially materially and adversely affect the rights of the Warrant Holder or Warrant Holders, or, in case at any time any such conditions are expected to arise by reason of any action contemplated by the Company, its Board of Directors shall appoint a firm of independent certified public accountants of recognized standing (which may be the firm that regularly examines the Company's financial statements), who shall give an opinion as to the adjustment, if any (not inconsistent with the standards established in this Section 2 hereof), of the Purchase Price, which is, or would be, required to preserve, without dilution, the rights of the Warrant Holder or Warrant Holders to the extent provided herein. The Company's Board of Directors shall make the adjustment recommended forthwith upon the receipt of such opinion or the taking of any such action contemplated, as the case may be. Nothing in this Section 2.6 or any other provision of this Warrant shall permit or require adjustment regarding the number of shares of Common Stock into which this Warrant may hereafter be exercisable, it being the parties' intention to limit antidilution protection in this Warrant solely to adjustments to the Purchase Price.

Appears in 2 contracts

Samples: Zymetx Inc, Genzyme Corp

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