Common use of Convertible Securities and Purchase Rights Clause in Contracts

Convertible Securities and Purchase Rights. If, at any time while this Warrant is outstanding, the Company issues pro rata to the record holders of any class of Common Stock any securities or other instruments which are convertible into or exercisable or exchangeable for Common Stock ("Convertible Securities") or options, warrants or other rights to purchase or subscribe for Common Stock or Convertible Securities ("Purchase Rights"), whether or not such Convertible Securities or Purchase Rights are immediately convertible, exercisable or exchangeable, then the Holder shall be entitled, upon any exercise of this Warrant after the date of record for determining stockholders entitled to receive such Convertible Securities or Purchase Rights (or if no such record is taken, the date on which such Convertible Securities or Purchase Rights are issued), to receive the aggregate number of Convertible Securities or Purchase Rights which the Holder would have received with respect to the Warrant Shares issuable upon such exercise (without giving effect to the limitations contained in Section 2(d)) had the Holder been the holder of such Warrant Shares on the record date for the determination of stockholders entitled to receive such Convertible Securities or Purchase Rights (or if no such record is taken, the date on which such Convertible Securities or Purchase Rights were issued). If the right to exercise or convert any such Convertible Securities or Purchase Rights would expire in accordance with their terms prior to the exercise of this Warrant, then the terms of such Convertible Securities or Purchase Rights shall provide that such exercise or convertibility right shall remain in effect until 30 days after the date the Holder receives such Convertible Securities or Purchase Rights pursuant to the exercise hereof.

Appears in 2 contracts

Samples: Securities Agreement (Diomed Holdings Inc), Security Agreement (Diomed Holdings Inc)

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Convertible Securities and Purchase Rights. If, at any time while this Warrant is outstandingafter the Issuance Date, the Company Corporation issues pro rata to the record holders of any class of Common Stock any securities or other instruments which are convertible into or exercisable or exchangeable for Common Stock ("Convertible Securities") or options, warrants or other rights to purchase or subscribe for Common Stock or Convertible Securities ("Purchase Rights")”) pro rata to the record holders of the Common Stock, whether or not such Convertible Securities or Purchase Rights are immediately convertible, exercisable or exchangeable, then the Holder holders of Series A Preferred Stock shall be entitled, upon any exercise conversion of this Warrant shares of Series A Preferred Stock after the date of record for determining stockholders entitled to receive such Convertible Securities or Purchase Rights (or if no such record is taken, the date on which such Convertible Securities or Purchase Rights are issued), to receive the aggregate number of Convertible Securities or Purchase Rights which the Holder such holder would have received with respect to the Warrant Shares shares of Common Stock issuable upon such exercise (without giving effect to the limitations contained in Section 2(d)) conversion had the Holder such holder been the holder of such Warrant Shares shares of Common Stock on the record date for the determination of stockholders entitled to receive such Convertible Securities or Purchase Rights (or if no such record is taken, the date on which such Convertible Securities or Purchase Rights were issued). If the right to exercise or convert any such Convertible Securities or Purchase Rights would expire in accordance with their terms prior to the exercise conversion of this Warrantthe Series A Preferred Stock, then the terms of such Convertible Securities or Purchase Rights shall provide that such exercise or convertibility right shall remain in effect until 30 days after the date the Holder holder of Series A Preferred Stock receives such Convertible Securities or Purchase Rights pursuant to the exercise conversion hereof.

Appears in 1 contract

Samples: Securities Purchase Agreement (Heartland Oil & Gas Corp)

Convertible Securities and Purchase Rights. If, at any time while this Warrant is outstandingafter the Issuance Date, the Company Corporation issues pro rata to the record holders of any class of Common Stock any securities or other instruments which are convertible into or exercisable or exchangeable for Common Stock ("Convertible Securities") or options, warrants or other rights to purchase or subscribe for Common Stock or Convertible Securities ("Purchase Rights")”) pro rata to the record holders of the Common Stock, whether or not such Convertible Securities or Purchase Rights are immediately convertible, exercisable or exchangeable, then the Holder holders of Series B Preferred Stock shall be entitled, upon any exercise conversion of this Warrant shares of Series B Preferred Stock after the date of record for determining stockholders entitled to receive such Convertible Securities or Purchase Rights (or if no such record is taken, the date on which such Convertible Securities or Purchase Rights are issued), to receive the aggregate number of Convertible Securities or Purchase Rights which the Holder such holder would have received with respect to the Warrant Shares shares of Common Stock issuable upon such exercise (without giving effect to the limitations contained in Section 2(d)) conversion had the Holder such holder been the holder of such Warrant Shares shares of Common Stock on the record date for the determination of stockholders entitled to receive such Convertible Securities or Purchase Rights (or if no such record is taken, the date on which such Convertible Securities or Purchase Rights were issued). If the right to exercise or convert any such Convertible Securities or Purchase Rights would expire in accordance with their terms prior to the exercise conversion of this Warrantthe Series B Preferred Stock, then the terms of such Convertible Securities or Purchase Rights shall provide that such exercise or convertibility right shall remain in effect until 30 days after the date the Holder holder of Series B Preferred Stock receives such Convertible Securities or Purchase Rights pursuant to the exercise conversion hereof.

Appears in 1 contract

Samples: Securities Purchase Agreement (Heartland Oil & Gas Corp)

Convertible Securities and Purchase Rights. If, at any time while this Warrant is outstandingduring the Adjustment Period, the Company issues pro rata to the record holders of any class of Common Stock any securities or other instruments which are convertible into or exercisable or exchangeable for Common Stock ("Convertible SecuritiesCONVERTIBLE SECURITIES") or options, warrants or other rights to purchase or subscribe for Common Stock or Convertible Securities ("Purchase RightsPURCHASE RIGHTS")) pro rata to the record holders of any class of Common Stock, whether or not such Convertible Securities or Purchase Rights are immediately convertible, exercisable or exchangeable, then the Holder holder hereof shall be entitled, upon any exercise of this Warrant after the date of record for determining stockholders entitled to receive such Convertible Securities or Purchase Rights (or if no such record is taken, the date on which such Convertible Securities or Purchase Rights are issued), to receive the aggregate number of Convertible Securities or Purchase Rights which the Holder holder would have received with respect to the Warrant Shares issuable upon such exercise (without giving effect to the limitations contained in Section 2(d)10) had the Holder holder hereof been the holder of such Warrant Shares on the record date for the determination of stockholders entitled to receive such Convertible Securities or Purchase Rights (or if no such record is taken, the date on which such Convertible Securities or Purchase Rights were issued). If the right to exercise or convert any such Convertible Securities or Purchase Rights would expire in accordance with their terms prior to the exercise of this Warrant, then the terms of such Convertible Securities or Purchase Rights shall provide that such exercise or convertibility right shall remain in effect until 30 days after the date the Holder holder receives such Convertible Securities or Purchase Rights pursuant to the exercise hereof.

Appears in 1 contract

Samples: Warrant Agreement (Remote Dynamics Inc)

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Convertible Securities and Purchase Rights. If, at any time while this Warrant is outstanding, the Company issues pro rata to the record holders of any class of Common Stock any securities or other instruments which are convertible into or exercisable or exchangeable for Common Stock ("Convertible Securities") or options, warrants or other rights to purchase or subscribe for Common Stock or Convertible Securities ("Purchase Rights"), whether or not such Convertible Securities or Purchase Rights are immediately convertible, exercisable or exchangeable, then the Holder shall be entitled, upon any exercise of this Warrant after the date of record for determining stockholders entitled to receive such Convertible Securities or Purchase Rights (or if no such record is taken, the date on which such Convertible Securities or Purchase Rights are issued), to receive the aggregate number of Convertible Securities or Purchase Rights which the Holder would have received with respect to the Warrant Shares issuable upon such exercise (without giving effect to the limitations contained in Section 2(d)) had the Holder been the holder of such Warrant Shares on the record date for the determination of stockholders entitled to receive such Convertible Securities or Purchase Rights (or if no such record is taken, the date on which such Convertible Securities or Purchase Rights were issued). If the right to exercise or convert any such Convertible Securities or Purchase Rights would expire in accordance with their terms prior to the exercise of this Warrant, then the terms of such Convertible Securities or Purchase Rights shall provide that such exercise or convertibility conversion right shall remain in effect until 30 days after the date the Holder receives such Convertible Securities or Purchase Rights pursuant to the exercise hereof.

Appears in 1 contract

Samples: Securities Agreement (Diomed Holdings Inc)

Convertible Securities and Purchase Rights. If, at any time while this Warrant is outstandingafter the Issuance Date, the Company Borrower issues pro rata to the record holders of any class of Common Stock any securities or other instruments which are convertible into or exercisable or exchangeable for Common Stock ("Convertible Securities") or options, warrants or other rights to purchase or subscribe for Common Stock or Convertible Securities ("Purchase Rights")) pro rata to the record holders of the Common Stock, whether or not such Convertible Securities or Purchase Rights are immediately convertible, exercisable or exchangeable, then the Holder shall be entitled, upon any exercise conversion of this Warrant Note after the date of record for determining stockholders entitled to receive such Convertible Securities or Purchase Rights (or if no such record is taken, the date on which such Convertible Securities or Purchase Rights are issued), to receive the aggregate number of Convertible Securities or Purchase Rights which the Holder would have received with respect to the Warrant Shares shares of Common Stock issuable upon such exercise conversion (without giving effect to the limitations contained in Section 2(d)Article VIII) had the Holder been the holder of such Warrant Shares shares of Common Stock on the record date for the determination of stockholders entitled to receive such Convertible Securities or Purchase Rights (or if no such record is taken, the date on which such Convertible Securities or Purchase Rights were issued). If the right to exercise or convert any such Convertible Securities or Purchase Rights would expire in accordance with their terms prior to the exercise conversion of this WarrantNote, then the terms of such Convertible Securities or Purchase Rights shall provide that such exercise or convertibility right shall remain in effect until 30 thirty (30) days after the date the Holder receives such Convertible Securities or Purchase Rights pursuant to the exercise conversion hereof.

Appears in 1 contract

Samples: Convertible Bridge Note (Imedia International Inc)

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