Common use of Deferral of Issuance of Additional Shares in Certain Circumstances Clause in Contracts

Deferral of Issuance of Additional Shares in Certain Circumstances. In any case in which paragraph 3(b) of this Warrant Certificate shall require that an adjustment in the Purchase Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event issuing to the holder of a Warrant exercised after such record date the shares of Common Stock, if any, issuable upon such exercise over and above the Warrant Shares, if any, issuable upon such exercise on the basis of the Purchase Price in effect prior to such adjustment; provided, however, that the Company shall deliver as soon as practicable to such holder a due xxxx or other appropriate instrument provided by the Company evidencing such holder’s right to receive such additional shares of Common Stock upon the occurrence of the event requiring such adjustment.

Appears in 6 contracts

Samples: Loan Modification Agreement (Compliance Systems Corp), Loan Modification Agreement (Compliance Systems Corp), Warrant Exchange Agreement (Compliance Systems Corp)

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Deferral of Issuance of Additional Shares in Certain Circumstances. In any case in which paragraph 3(b) of this Warrant Certificate Section 3 shall require that an adjustment in the Purchase Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event issuing to the holder of a Warrant exercised after such record date the shares of Common Stock, if any, issuable upon such exercise over and above the Warrant Shares, if any, issuable upon such exercise on the basis of the Purchase Exercise Price in effect prior to such adjustment; provided, however, that the Company shall deliver as soon as practicable to such holder a due xxxx or other appropriate instrument provided by the Company evidencing such holder’s right to receive such additional shares of Common Stock upon the occurrence of the event requiring such adjustment.

Appears in 2 contracts

Samples: Warrant Agreement (Winsonic Digital Media Group LTD), Warrant Agreement (Winsonic Digital Media Group LTD)

Deferral of Issuance of Additional Shares in Certain Circumstances. In any case in which paragraph 3(b) of this Warrant Certificate shall require that an adjustment in the Purchase Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event issuing to the holder of a Warrant exercised after such record date the shares of Common Stock, if any, issuable upon such exercise over and above the Warrant Shares, if any, issuable upon such exercise on the basis of the Purchase Price in effect prior to such adjustment; provided, however, that the Company shall deliver as soon as practicable to such holder a due xxxx or bilx xx other appropriate instrument provided by the Company evidencing such holder’s right to receive such additional shares of Common Stock upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Exchange Agreement (Compliance Systems Corp)

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Deferral of Issuance of Additional Shares in Certain Circumstances. In any case in which paragraph 3(b) of this Warrant Certificate Section 3 shall require that an adjustment in the Purchase Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event issuing to the holder of a Warrant Warrantholder exercised after such record date the shares of Common Stock, if any, issuable upon such exercise over and above the Warrant Shares, if any, issuable upon such exercise on the basis of the Purchase Exercise Price in effect prior to such adjustment; provided, however, that the Company shall deliver as soon as practicable to such holder a due xxxx or other appropriate instrument provided by the Company evidencing such holder’s 's right to receive such additional shares of Common Stock upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Securities Purchase Agreement (Eacceleration Corp)

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