Corrective Adjustments. Company hereby acknowledges that Purchaser has relied upon, among other things, the representation and warranty set forth in Section 3.6 regarding the outstanding Capital Stock of Company and the rights to acquire Capital Stock of Company as of the date of this Agreement. If it is later determined that the representation and warranty set forth in Section 3.6 is untrue or inaccurate such that the outstanding Capital Stock or rights to acquire Capital Stock are greater that the amount disclosed therein, then Company shall notify each Holder in writing within 10 Business Days of discovering such inaccuracy and shall promptly prepare, execute and deliver to the Holders such additional documents and certificates as are necessary to equitably adjust the Exercise Price and/or Warrants and Warrant Shares deliverable upon exercise of all Warrants for the benefit of Holders. Such adjustment shall include the issuance of additional Warrants and/or the reduction in Exercise Price of the Warrants, as approved in writing by Holders of a majority of the Warrants.
Appears in 3 contracts
Samples: Warrant Agreement (Bizness Online Com), Warrant Agreement (Bizness Online Com), Warrant Agreement (Bizness Online Com)
Corrective Adjustments. Company hereby acknowledges that Purchaser has relied upon, among other things, the representation and warranty set forth in Section 3.6 regarding the outstanding Capital Stock of Company and the rights to acquire Capital Stock of Company as of the date of this Agreement. If it is later determined that the representation and warranty set forth in Section 3.6 is untrue or inaccurate such that the outstanding Capital Stock or rights to acquire Capital Stock are greater that the amount disclosed therein, then Company shall notify each Holder in writing within 10 Business Days of discovering such inaccuracy and shall promptly prepare, execute and deliver to the Holders such additional documents and certificates as are necessary to equitably adjust the Exercise Price and/or Warrants and Warrant Shares deliverable upon exercise of all Warrants for the benefit of Holders. Such adjustment shall include the issuance of additional Warrants and/or or the reduction in Exercise Price of the Warrants, as approved in writing by Holders of a majority of the Warrants.
Appears in 2 contracts
Samples: Warrant Agreement (Talk Com), Option and Warrant Agreement (Talk Com)
Corrective Adjustments. The Company hereby acknowledges that the Purchaser has relied upon, among other things, the representation and warranty set forth in Section 3.6 2.2 regarding the outstanding Capital Stock of the Company and the rights to acquire Capital Stock of the Company as of the date of this Agreement. If it is later determined that the any representation and warranty set forth in this Agreement including, without limitation, Section 3.6 2.2 hereof, is untrue or inaccurate such that the outstanding Capital Stock or rights to acquire Capital Stock are greater that the amount disclosed therein, then the Company shall notify each Holder in writing within 10 Business Days of discovering such inaccuracy and shall promptly prepare, execute and deliver to the Holders such additional documents and certificates as are necessary to equitably adjust the Exercise Price and/or Warrants and Warrant Shares deliverable upon exercise of all Warrants for the benefit of Holders. Such adjustment shall include the issuance of additional Warrants and/or the reduction in Exercise Price of the Warrants, as approved in writing by Holders of a majority of the Warrants.
Appears in 1 contract
Corrective Adjustments. The Company hereby acknowledges that the Purchaser has relied upon, among other things, the representation and warranty set forth in Section 3.6 2.2 regarding the outstanding Capital Stock of the Company and the rights to acquire Capital Stock of the Company as of the date of this Agreement. If it is later determined that the any representation and warranty set forth in this Agreement including, without limitation, Section 3.6 2.2 hereof, is untrue or inaccurate such that the outstanding Capital Stock or rights to acquire Capital Stock are greater that the amount disclosed therein, then THEN the Company shall notify each Holder in writing within 10 Business Days of discovering such inaccuracy and AND shall promptly prepare, execute and deliver to the Holders such additional documents and certificates as are necessary to equitably adjust the Exercise Price and/or Warrants and Warrant Shares deliverable upon exercise of all Warrants for the benefit of Holders. Such adjustment shall include the issuance of additional Warrants and/or the reduction in Exercise Price of the Warrants, as approved in writing by Holders of a majority of the Warrants.
Appears in 1 contract
Samples: Preferred Stock and Warrant Purchase Agreement (Bizness Online Com)