Common use of Deferral or Exclusion of Certain Adjustments Clause in Contracts

Deferral or Exclusion of Certain Adjustments. No adjustment to the Exercise Price or Warrant Number 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 applicable Exercise Price or Warrant Number; provided, that any adjustments which by reason of this Section 12(g) 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 shares of Common Stock or any other Common Stock Equivalents. All calculations under this Section shall be made to the nearest one one thousandth (1/1,000th) of one cent ($0.01) or to the nearest one one thousandth (1/1,000th) of a share, as the case may be.

Appears in 3 contracts

Samples: Warrant Agreement (Dynegy Inc.), Warrant Agreement (Dynegy Inc.), Warrant Agreement (Dynegy Inc.)

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Deferral or Exclusion of Certain Adjustments. No adjustment to the Exercise Price or the number of Warrant Number Exercise Shares 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 applicable Exercise Price or the number of Warrant NumberExercise Shares; provided, provided that any adjustments which by reason of this Section 12(g) 5.8 are not required to be made shall be carried forward and taken into account in any subsequent adjustment. No Subject to Section 4.5(b), no adjustment need be made for a change in the par value of the shares of Common Stock or any other Common Stock EquivalentsStock. All calculations under this Section shall be made to the nearest one one one-thousandth (1/1,000th1/1,000) of one cent ($0.01) or to the nearest one one one-thousandth (1/1,000th1/1,000) of a share, as the case may be.

Appears in 3 contracts

Samples: Warrant Agreement (Verso Corp), Warrant Agreement, Warrant Agreement

Deferral or Exclusion of Certain Adjustments. No adjustment to the Exercise Price or the number of Warrant Number Exercise Shares 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 applicable Exercise Price or the number of Warrant NumberExercise Shares; provided, provided that any adjustments which by reason of this Section 12(g) 5.7 are not required to be made shall be carried forward and taken into account in any subsequent adjustment. No Subject to Section 4.5(b), no adjustment need be made for a change in the par value of the shares of Common Stock or any other Common Stock EquivalentsStock. All calculations under this Section 5.7 shall be made to the nearest one one one-thousandth (1/1,000th1/1,000) of one cent ($0.01) or to the nearest one one one-thousandth (1/1,000th1/1,000) of a share, as the case may be.

Appears in 2 contracts

Samples: Warrant Agreement (Midstates Petroleum Company, Inc.), Warrant Agreement (Midstates Petroleum Company, Inc.)

Deferral or Exclusion of Certain Adjustments. No adjustment to the Exercise Price or Warrant Number Shares issuable 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 applicable Exercise Price or Warrant Number; Shares issuable; provided, that any adjustments which by reason of this Section 12(g6(g) 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 shares of Common Stock or any other Common Stock EquivalentsStock. All calculations under this Section 6(g) shall be made to the nearest one one one-thousandth (1/1,000th1/1,000) of one cent ($0.01) or to the nearest one one one-thousandth (1/1,000th1/1,000) of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement

Deferral or Exclusion of Certain Adjustments. No adjustment to the Exercise Price or Warrant Number 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 applicable Exercise Price or Warrant Number; provided, that any adjustments which by reason of this Section 12(g11(g) 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 shares of Common Stock or any other Common Stock Equivalents. All calculations under this Section shall be made to the nearest one one thousandth (1/1,000th) of one cent (1/1,000th $0.01) 0.01 or to the nearest one one thousandth (1/1,000th) 1/1,000th of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Illinois Power Generating Co)

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Deferral or Exclusion of Certain Adjustments. No adjustment to the Exercise Price or Warrant Number Shares issuable 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 applicable Exercise Price or Warrant NumberShares issuable; provided, that any adjustments which by reason of this Section 12(g6(g) 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 shares of Common Stock or any other Common Stock EquivalentsStock. All calculations under this Section 6(g) shall be made to the nearest one one one-thousandth (1/1,000th1/1,000) of one cent ($0.01) or to the nearest one one one-thousandth (1/1,000th1/1,000) of a share, as the case may be.

Appears in 1 contract

Samples: Existing Equity Warrant Agreement (Tidewater Inc)

Deferral or Exclusion of Certain Adjustments. No adjustment to the Exercise Price or the number of Warrant Number Exercise Shares 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 applicable Exercise Price or the number of Warrant NumberExercise Shares; provided, provided that any adjustments which by reason of this Section 12(g) 5.4 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 shares of Common Stock or any other Common Stock EquivalentsStock. All calculations under this Section shall be made to the nearest one one one-thousandth (1/1,000th1/1,000) of one cent ($0.01) or to the nearest one one one-thousandth (1/1,000th1/1,000) of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Genco Shipping & Trading LTD)

Deferral or Exclusion of Certain Adjustments. No adjustment to the Exercise Price or Warrant Number 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 applicable Exercise Price or Warrant Number; provided, provided that any adjustments which by reason of this Section 12(g12(k) 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 shares of Common Stock or any other Common Stock Equivalents. All calculations under this Section shall be made to the nearest one one-one thousandth (1/1,000th) of one cent ($0.01) or to the nearest one one-one thousandth (1/1,000th) of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Hertz Corp)

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