Common use of Deferral in Certain Circumstances Clause in Contracts

Deferral in Certain Circumstances. In any case in which the --------------------------------- provisions of this Section 4.3 shall require that an adjustment shall become effective immediately after a record date of an event, the Company may defer until the occurrence of such event issuing to the Holder of the Note, converted after such record date and before the occurrence of such event, the shares of capital stock issuable upon such conversion by reason of the adjustment required by such event and issuing to such Holder only the shares of capital stock issuable upon such conversion before giving effect to such adjustments; provided, however, that the Company shall deliver to such Holder an appropriate instrument or due bills evidencing such holder's right to receive such additional shares.

Appears in 3 contracts

Samples: Note Purchase Agreement (Positron Corp), Loan Agreement (Positron Corp), Note Purchase Agreement (Positron Corp)

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Deferral in Certain Circumstances. In any case in which the --------------------------------- provisions of this Section 4.3 4 shall require that an adjustment shall become effective immediately after a record date of an event, the Company may defer until the occurrence of such event issuing to the Holder holder of the Note, converted any Warrant exercised after such record date and before the occurrence of such event, event the shares of capital stock issuable upon such conversion exercise by reason of the adjustment required by such event and issuing to such Holder holder only the shares of capital stock issuable upon such conversion exercise before giving effect to such adjustments; provided, however, that the Company shall deliver to such Holder holder an appropriate -------- ------- instrument or due bills evidencing such holder's right to receive such additional shares.

Appears in 3 contracts

Samples: Warrant Agreement (Rare Medium Group Inc), Warrant Agreement (Apollo Investment Fund Iv Lp), Warrant Agreement (Rare Medium Group Inc)

Deferral in Certain Circumstances. In any case in which the --------------------------------- provisions of this Section 4.3 4 shall require that an adjustment shall become effective immediately after a record date of an event, the Company Corporation may defer until the occurrence of such event issuing to the Holder of the Note, converted any Warrant exercised after such record date and before the occurrence of such event, event the shares of capital stock Common Stock issuable upon such conversion exercise by reason of the adjustment required by such event and issuing to such Holder only the shares of capital stock Common Stock issuable upon such conversion exercise before giving effect to such adjustments; provided, however, that the Company Corporation shall deliver to such Holder an appropriate instrument or due bills evidencing such holder's Holder’s right to receive such additional shares.

Appears in 2 contracts

Samples: Warrant Agreement (Miller Industries Inc /Tn/), Credit Agreement (Miller Industries Inc /Tn/)

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Deferral in Certain Circumstances. In any case in which the --------------------------------- provisions of this Section 4.3 4 shall require that an adjustment shall become effective immediately after a record date of an event, the Company may defer until the occurrence of such event issuing to the Holder of the Note, converted any Warrant exercised after such record date and before the occurrence of such event, event the shares of capital stock issuable upon such conversion exercise by reason of the adjustment required by such event and issuing to such Holder only the shares of capital stock issuable upon such conversion exercise before giving effect to such adjustments; provided, however, that the Company shall deliver to such Holder an appropriate instrument or due bills evidencing such holderXxxxxx's right to receive such additional shares.

Appears in 1 contract

Samples: Warrant Agreement (Peapod Inc)

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