Common use of Deferred Issuance Clause in Contracts

Deferred Issuance. In any case in which this Section 11 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 the issuing to the holder of any Right exercised after such record date of the Common Shares and other capital stock or securities of the Company, if any, issuable upon such exercise over and above the Common Shares and other capital stock or securities of the Company, 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 to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional shares upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Rights Agreement (In Focus Systems Inc)

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Deferred Issuance. In any case in which this Section 11 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 the issuing to the holder of any Right exercised after such record date of the Common Shares and other capital stock or securities of the Company, if any, issuable upon such exercise over and above the Common Shares and other capital stock or securities of the Company, 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 to such holder a due xxxx or bill xx other appropriate instrument evidencing such holder's right to receive such additional shares upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Rights Agreement (Beverly Enterprises Inc)

Deferred Issuance. In any case in which this Section 11 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 the issuing issuance to the holder of any Right exercised after such record date of the Common Ordinary Shares and other share capital stock or securities of the Company, if any, issuable upon such exercise over and above the Common Ordinary Shares and other share capital stock or securities of the Company, if any, issuable upon such exercise on the basis of the Purchase Price in effect prior to such adjustment; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder a due xxxx bxxx or other appropriate instrument evidencing such holder's ’s right to receive such additional shares upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Rights Agreement (ReneSola LTD)

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Deferred Issuance. In any case in which this Section 11 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 the issuing to the holder of any Right exercised after such record date of the Common Preferred Shares and other capital stock or securities of the Company, if any, issuable upon such exercise over and above the Common Preferred Shares and other capital stock or securities of the Company, if any, issuable upon such exercise on the basis of the Purchase Price in effect prior to such adjustment; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such holder a due xxxx or bill xx other appropriate instrument evidencing such holder's right to receive such additional shares upon the occurrence of the event requiring such adjustment.'s

Appears in 1 contract

Samples: Rights Agreement (Hyseq Inc)

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