Common use of De Minimis Adjustments Clause in Contracts

De Minimis Adjustments. If the amount of any adjustment of the Purchase Price required pursuant to Section 3.5 would be less than one tenth (1/10) of one percent (1%) of such Purchase Price in effect at the time such adjustment is otherwise so required to be made, such amount shall be carried forward and adjustment with respect thereto made at the time of and together with any subsequent adjustment which, together with such amount and any other amount or amounts so carried forward, shall aggregate a change in such Purchase Price of at least one tenth (1/10) of one percent (1%) of such Purchase Price. All calculations under this Warrant shall be made to the nearest one-hundredth of a share.

Appears in 10 contracts

Samples: Warrant Agreement (DSW Inc.), Warrant Agreement (Retail Ventures Inc), Common Stock Purchase Warrant (Retail Ventures Inc)

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De Minimis Adjustments. If the amount of any adjustment of the Purchase Price required pursuant to this Section 3.5 3 would be less than one tenth (1/10) of one percent (1%) of such the Purchase Price in effect at the time such adjustment is otherwise so required to be made, such amount shall be carried forward and adjustment with respect thereto made at the time of and together with any subsequent adjustment which, together with such amount and any other amount or amounts so carried forward, shall aggregate a change in such the Purchase Price of at least one tenth (1/10) of one percent (1%) of such Purchase Price. All calculations under this Warrant shall be made to the nearest one-hundredth of a share.

Appears in 6 contracts

Samples: Common Stock Purchase Warrant, Warrant Agreement (Clean Harbors Inc), Warrant Agreement (Frontstep Inc)

De Minimis Adjustments. If the amount of any adjustment of the Purchase Price per share required pursuant to this Section 3.5 4 would be less than one tenth (1/10) of one percent (1%) of such the Purchase Price in effect at the time such adjustment is otherwise so required to be madePrice, such amount shall be carried forward and adjustment with respect thereto made at the time of and together with any subsequent adjustment which, together with such amount and any other amount or amounts so carried forward, shall aggregate a change in such the Purchase Price of at least one tenth (1/10) of one percent (1%) of such Purchase Price. All calculations under this a Warrant shall be made to the nearest one-hundredth of a share, as the case may be.

Appears in 4 contracts

Samples: Warrant Agreement (Ap Wheels LLC), Warrant Agreement (Hayes Lemmerz International Inc), Warrant Agreement (Icg Communications Inc /De/)

De Minimis Adjustments. If the amount of any adjustment of the ---------------------- Purchase Price per share required pursuant to this Section 3.5 3 would be less than one tenth (1/10) of one percent (1%) of such the Purchase Price in effect at the time such adjustment is otherwise so required to be madePrice, such amount shall be carried forward and adjustment with respect thereto made at the time of and together with any subsequent adjustment which, together with such amount and any other amount or amounts so carried forward, shall aggregate a change in such the Purchase Price of at least one tenth (1/10) of one percent (1%) of such Purchase Price. All calculations under this Warrant shall be made to the nearest .001 of a cent or to the nearest one-hundredth of a share, as the case may be.

Appears in 3 contracts

Samples: Warrant Agreement (Wellington Properties Trust), Warrant Agreement (Phase2media Inc), Warrant Agreement (Phase2media Inc)

De Minimis Adjustments. If the amount of any adjustment of the Purchase Price required pursuant to Section 3.5 3.3 would be less than one tenth (1/10) of one percent (1%) of such Purchase Price in effect at the time such adjustment is otherwise so required to be made, such amount shall be carried forward and adjustment with respect thereto made at the time of and together with any subsequent adjustment which, together with such amount and any other amount or amounts so carried forward, shall aggregate a change in such Purchase Price of at least one tenth (1/10) of one percent (1%) of such Purchase Price. All calculations under this Warrant shall be made to the nearest one-hundredth of a share.

Appears in 2 contracts

Samples: Common Stock Purchase Warrant (DSW Inc.), Common Stock Purchase Warrant (Retail Ventures Inc)

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De Minimis Adjustments. If the amount of any adjustment of the Purchase Price per share required pursuant to this Section 3.5 3 would be less than one tenth (1/10) of one percent (1%) of such the Purchase Price in effect at the time such adjustment is otherwise so required to be madePrice, such amount shall be carried forward and adjustment with respect thereto made at the time of and together with any subsequent adjustment which, together with such amount and any other amount or amounts so carried forward, shall aggregate a change in such the Purchase Price of at least one tenth (1/10) of one percent (1%) of such Purchase Price. All calculations under this Warrant shall be made to the nearest .001 of a cent or to the nearest one-hundredth of a share, as the case may be.

Appears in 2 contracts

Samples: Warrant Agreement (Hypercom Corp), Common Stock Purchase Warrant (Hypercom Corp)

De Minimis Adjustments. If the amount of any adjustment of the Purchase Price required pursuant to Section 3.5 would be less than one tenth (1/10) of one percent (1%) of such the Purchase Price in effect at the time such adjustment is otherwise so required to be made, such amount shall be carried forward and adjustment with respect thereto made at the time of and together with any subsequent adjustment which, together with such amount and any other amount or amounts so carried forward, shall aggregate a change in such the Purchase Price of at least one tenth (1/10) of one percent (1%) of such Purchase Price. All calculations under this Warrant shall be made to the nearest one-hundredth of a share.

Appears in 1 contract

Samples: Warrant Agreement (Value City Department Stores Inc /Oh)

De Minimis Adjustments. If the amount of any adjustment of the Purchase Price per share required pursuant to this Section 3.5 3 would be less than one tenth (1/10) of one percent (1%) of such the Purchase Price in effect at the time such adjustment is otherwise so required to be madePrice, such amount shall be carried forward and adjustment with respect thereto made at the time of and together with any subsequent adjustment which, together with such amount and any other amount or amounts so carried forward, shall aggregate a change in such the Purchase Price of at least one tenth (1/10) of one percent (1%) of such Purchase Price. All calculations under this Warrant shall be made to the nearest one-hundredth of a share, as the case may be.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Icg Communications Inc /De/)

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