Common use of Deferral of Certain Adjustments Clause in Contracts

Deferral of Certain Adjustments. No adjustment to the Exercise Price (including the related adjustment to the number of shares of Common Stock purchasable upon the exercise of each Warrant) shall be required hereunder unless such adjustment, together with other adjustments carried forward as provided below, would result in an increase or decrease of at least two percent (2%) of the Exercise Price; provided that any adjustments which by reason of this paragraph (j) are not required to be made shall be carried forward and taken into account in any subsequent adjustment. No adjustment need be made for a change in the par value of the Common Stock. All calculations under this Section shall be made to the nearest 1/1,000 of one cent or to the nearest 1/1000th of a share, as the case may be.

Appears in 6 contracts

Samples: Warrant Agent Agreement (Cresud Inc), Warrant Agent Agreement (Irsa Investments & Representations Inc), Warrant Agent Agreement (Irsa Investments & Representations Inc)

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Deferral of Certain Adjustments. No adjustment to the Exercise Price (including the related adjustment to the number of shares of Common Stock purchasable upon the exercise of each Warrant) shall be required hereunder unless such adjustment, together with other adjustments carried forward as provided below, would result in an increase or decrease of at least two one percent (2%) of the Exercise Price; provided that any adjustments which by reason of this paragraph (ji) are not required to be made shall be carried forward and taken into account in any subsequent adjustment. No adjustment need to be made for a change in the par value of the Common Stock. All calculations under this Section 8 shall be made to the nearest 1/1,000 of one cent or to the nearest 1/1000th 1/1000 of a share, as the case may be.

Appears in 4 contracts

Samples: Warrant Agreement (Herley Industries Inc /New), Merger Agreement (Nathans Famous Inc), Warrant Agreement (Nathans Famous Inc)

Deferral of Certain Adjustments. No adjustment to the Exercise Price (including the related adjustment to the number of shares of Common Stock purchasable upon the exercise of each Warrant) shall be required hereunder unless such adjustment, together with other adjustments carried forward as provided below, would result in an increase or decrease of at least two one percent (2%) of the Exercise Price; provided that any adjustments which by reason of this paragraph (jh) are not required to be made shall be carried forward and taken into account in any subsequent adjustment. No adjustment need be made for a change in the par value of the Common Stock. All calculations under this Section shall be made to the nearest 1/1,000 of one cent or to the nearest 1/1000th 1/1000 of a share, as the case may be.

Appears in 3 contracts

Samples: Warrant Agreement (Orbital Imaging Corp), Warrant Agreement (MGC Communications Inc), Warrant Agreement (Bell Technology Group LTD)

Deferral of Certain Adjustments. No adjustment to the Exercise Price (including the related adjustment to the number of shares of Common Stock purchasable upon the exercise of each Warrant) shall be required hereunder unless such adjustment, together with other adjustments carried forward as provided below, would result in an increase or decrease of at least two one percent (2%) of the Exercise Price; provided that any adjustments which by reason of this paragraph (ji) are not required to be made shall be carried forward and taken into account in any subsequent adjustment. No adjustment need be made for a change in the par value of the Common Stock. All calculations under this Section shall be made to the nearest 1/1,000 of one cent or to the nearest 1/1000th 1/1000 of a share, as the case may be.

Appears in 3 contracts

Samples: Warrant Agreement (Alamosa PCS Holdings Inc), Warrant Agreement (Park N View Inc), Warrant Agreement (State Communications Inc)

Deferral of Certain Adjustments. No adjustment to the Exercise Price (including the related adjustment to the number of shares of Common Stock purchasable upon the exercise of each Warrant) shall be required hereunder unless such adjustment, together with other adjustments carried forward as provided below, would result in an increase or decrease of at least two one percent (2%) of the Exercise Price; provided that any adjustments which by reason of this paragraph (j) are not required to be made shall be carried forward and taken into account in any subsequent adjustment. No adjustment need be made for a change in the par value of the Common Stock. All calculations under this Section shall be made to the nearest 1/1,000 of one cent or to the nearest 1/1000th 1/1,000 of a share, as the case may be.

Appears in 2 contracts

Samples: Warrant Agreement (Leap Wireless International Inc), Warrant Agreement (Key Energy Services Inc)

Deferral of Certain Adjustments. No adjustment to the Exercise Price (including the related adjustment to the number of shares of Common Stock purchasable upon the exercise of each Warrant) shall be required hereunder unless such adjustment, together with other adjustments carried forward as provided below, would result in an increase or decrease of at least two one percent (2%) of the Exercise Price; provided that any adjustments which by reason of this paragraph (je) are not required to be made shall be carried forward and taken into account in any subsequent adjustment. No adjustment need be made for a change in the par value of the Common Stock. All calculations under this Section 11(e) shall be made to the nearest 1/1,000 of one cent or to the nearest 1/1000th 1/1000 of a share, as the case may be.

Appears in 2 contracts

Samples: Warrant Agreement (Cryocon Inc), Warrant Agreement (Cryocon Inc)

Deferral of Certain Adjustments. No adjustment to the Exercise ------------------------------- Price (including the related adjustment to the number of shares of Common Stock purchasable upon the exercise of each Warrant) shall be required hereunder unless such adjustment, together with other adjustments carried forward as provided below, would result in an increase or decrease of at least two one percent (2%) of the Exercise Price; provided that any adjustments which by reason of this paragraph (ji) are not required to be made shall be carried forward and taken into account in any subsequent adjustment. No adjustment need be made for a change in the par value of the Common Stock. All calculations under this Section 13 shall be made to the nearest 1/1,000 of one cent or to the nearest 1/1000th 1/1000 of a share, as the case may be.

Appears in 2 contracts

Samples: Warrant Agreement (Covad Communications Group Inc), Warrant Agreement (Covad Communications Group Inc)

Deferral of Certain Adjustments. No adjustment to the Exercise Price (including the related adjustment to the number of shares of Common Stock purchasable upon the exercise of each Warrant) shall be required hereunder unless such adjustment, together with other adjustments carried forward as provided below, would result in an increase or decrease of at least two one percent (2%) of the Exercise Price; provided that any adjustments which by reason of this paragraph (j) Section 15.9 are not required to be made shall be carried forward and taken into account in any subsequent adjustment. No adjustment need be made for a change in the par value of the Common Stock. All calculations under this Section 15 shall be made to the nearest 1/1,000 of one cent or to the nearest 1/1000th 1/1000 of a share, as the case may be.

Appears in 2 contracts

Samples: Warrant Agreement (Winston Furniture Co of Alabama Inc), Warrant Agreement (Winsloew Furniture Inc)

Deferral of Certain Adjustments. No adjustment to the Exercise Price (including the related adjustment to the number of shares of Common Stock purchasable upon the exercise of each Warrant) shall be required hereunder unless such adjustment, together with other adjustments carried forward as provided below, would result in an increase or decrease of at least two one percent (21%) of the Exercise Price; provided that any adjustments which by reason of this paragraph (j) Section 7 are not required to be made shall be carried forward and taken into account in any subsequent adjustment. No adjustment need be made for a change in the par value of the Common Stock. All calculations under this Section 7 shall be made to the nearest 1/1,000 of one cent or to the nearest 1/1000th 1/1,000th of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Ziff Davis Intermediate Holdings Inc)

Deferral of Certain Adjustments. No adjustment to the Exercise Price (including the related adjustment to the number of shares of Common Stock purchasable upon the exercise of each Warrant) shall be required hereunder unless such adjustment, together with other adjustments carried forward as provided below, would result in an increase or decrease of at least two one percent (2%) of the Exercise Price; provided that any adjustments which by reason of this paragraph (jg) are not required to be made shall be carried forward and taken into account in any subsequent adjustment. No adjustment need be made for a change in the par value of the Common Stock. All calculations under this Section shall be made to the nearest 1/1,000 1/10,000 of one cent or to the nearest 1/1000th 1/1000 of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Telehub Communications Corp)

Deferral of Certain Adjustments. No adjustment to the Exercise Price ------------------------------- (including the related adjustment to the number of shares of Common Stock purchasable upon the exercise of each Warrant) shall be required hereunder unless such adjustment, together with other adjustments carried forward as provided below, would result in an increase or decrease of at least two one percent (21%) of the Exercise Price; provided that any adjustments which by reason of this paragraph (j) Section 8 are not required to be made shall be carried forward and taken into account in any subsequent adjustment. No adjustment need be made for a change in the par value of the Common Stock. All calculations under this Section 8 shall be made to the nearest 1/1,000 of one cent or to the nearest 1/1000th 1/1,000th of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Ziff Davis Intermediate Holdings Inc)

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Deferral of Certain Adjustments. No adjustment to the Exercise Price (including the related adjustment to the number of shares of Common Stock Shares purchasable upon the exercise of each Warrant) shall be required hereunder unless such adjustment, together with other adjustments carried forward as provided below, would result in an increase or decrease of at least two one percent (21%) of the Exercise Price; provided provided, however, that any adjustments which by reason of this paragraph (j) are not required to be made shall be carried forward and taken into account in any subsequent adjustment. No adjustment need be made for a change in the par value of the Common Stock. All calculations under this Section and Section 2.02(g) shall be made to the nearest 1/1,000 of one cent or to the nearest 1/1000th l/1,000th of a shareShare, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (XCL LTD)

Deferral of Certain Adjustments. No adjustment to the Exercise Price (including the related adjustment to the number of shares of Common Stock Shares purchasable upon the exercise of each Warrant) shall be required hereunder unless such adjustment, together with other adjustments carried forward as provided below, would result in an increase or decrease of at least two one percent (21%) of the Exercise Price; provided provided, however, that any adjustments which by reason of this paragraph (j) are not required to be made shall be carried forward and taken into account in any subsequent adjustment. No adjustment need be made for a change in the par value of the Common Stock. All calculations under this Section shall be made to the nearest 1/1,000 of one cent or to the nearest 1/1000th l/1,000th of a shareShare, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Piccadilly Cafeterias Inc)

Deferral of Certain Adjustments. No adjustment to the Exercise Price Per Share (including the related adjustment to the number of shares of Common Stock purchasable Warrant Shares issuable upon the exercise of each Warrant) shall be required hereunder unless such adjustment, together with other adjustments carried forward as provided below, would result in an increase or decrease of at least two one percent (2%) of the Exercise PricePrice Per Share; provided that any adjustments which by reason of this paragraph (j) are not required to be made shall be carried forward and taken into account in any subsequent adjustment. No adjustment need be made for a change in the par value of the Common Stock. All calculations under this Section 10 shall be made to the nearest 1/1,000 of one cent or to the nearest 1/1000th 1/1,000 of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Hercules Inc)

Deferral of Certain Adjustments. No adjustment to the Exercise Price (including the related adjustment to the number of shares of Common Stock purchasable upon the exercise of each Warrant) shall be required hereunder unless such adjustment, together with other adjustments carried forward as provided below, would result in an increase or decrease of at least two one percent (2%) of the Exercise Price; provided that any adjustments which by reason of this paragraph (jh) are not required to be made shall be carried forward and taken into account in any subsequent adjustment. No adjustment need to be made for a change in the par value of the Common Stock. All calculations under this Section shall be made to the nearest 1/1,000 of one cent or to the nearest 1/1000th 1/1000 of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Highwaymaster Corp)

Deferral of Certain Adjustments. No adjustment to the Exercise ------------------------------- Price (including the related adjustment to the number of shares of Common Stock purchasable upon the exercise of each Warrant) shall be required hereunder unless such adjustment, together with other adjustments carried forward as provided below, would result in an increase or decrease of at least two one percent (2%) of the Exercise Price; provided that any adjustments which by reason of this paragraph (jh) are not required to be made shall be carried forward and taken into account in any subsequent adjustment. No adjustment need be made for a change in the par value of the Common Stock. All calculations under this Section shall be made to the nearest 1/1,000 of one cent or to the nearest 1/1000th 1/1000 of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Concentric Network Corp)

Deferral of Certain Adjustments. No adjustment to the Exercise ------------------------------- Price (including the related adjustment to the number of shares of Common Stock purchasable upon the exercise of each Warrant) shall be required hereunder unless such adjustment, together with other adjustments carried forward as provided below, would result in an increase or decrease of at least two one percent (2%) of the Exercise Price; provided that any adjustments which by reason of this paragraph (jh) are not -------- required to be made shall be carried forward and taken into account in any subsequent adjustment. No adjustment need be made for a change in the par value of the Common Stock. All calculations under this Section shall be made to the nearest 1/1,000 of one cent or to the nearest 1/1000th 1/1000 of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Cais Internet Inc)

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