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 one percent of the Exercise Price; provided that any adjustments which by reason of this PARAGRAPH (i) 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 1/1000 of a share, as the case may be.

Appears in 2 contracts

Samples: Warrant Agreement (Digitalconvergence Com Inc), Warrant Agreement (Digitalconvergence Com 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 one percent (1%) of the Exercise Price; provided PROVIDED that any adjustments which by reason of this PARAGRAPH paragraph (ij) 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 Section shall be made to the nearest 1/1,000 of one cent or to the nearest 1/1000 1/1,000th of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Focal 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 one percent of the Exercise Price; provided PROVIDED that any adjustments which by reason of this PARAGRAPH paragraph (i) 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 Section 13 shall be made to the nearest 1/1,000 of one cent or to the nearest 1/1000 1/1,000 of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Firstworld Communications 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 one percent of the Exercise Price; provided that any adjustments which by reason of this PARAGRAPH (iI) 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 1/1000 of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Digitalconvergence Com Inc)

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