DISTRIBUTION OF SECURITIES OR OTHER ASSETS. If the Company after the ------------------------------------------ date hereof shall distribute to all of the holders of its common shares any securities including, but not limited to Common Shares, or other assets (other than a cash distribution made as a dividend payable out of earnings or out of any earned surplus legally available for dividends under the laws of the jurisdiction of incorporation of the company), the Company shall be required to make such equitable adjustment in the Option Price and the type and/or number of Underlying Securities in effect immediately prior to the record date of such distribution as may be necessary to preserve to the Holder of this Option rights substantially proportionate to and economically equivalent to those enjoyed hereunder by such Xxxxxx immediately prior to the happening of such distribution. Any such adjustment made reasonably and in good faith by the Company shall be final and binding upon the Holders and shall become effective as of the record date for such distribution.
Appears in 11 contracts
Samples: Option Agreement (Vitafort International Corp), Option to Purchase Agreement (Vitafort International Corp), Option to Purchase Agreement (Vitafort International Corp)
DISTRIBUTION OF SECURITIES OR OTHER ASSETS. If the Company after ------------------------------------------ the ------------------------------------------ date hereof shall distribute to all of the holders of its common shares any securities including, but not limited to Common Shares, or other assets (other than a cash distribution made as a dividend payable out of earnings or out of any earned surplus legally available for dividends under the laws of the jurisdiction of incorporation of the company), the Company shall be required to make such equitable adjustment in the Option Price and the type and/or number of Underlying Securities in effect immediately prior to the record date of such distribution as may be necessary to preserve to the Holder of this Option rights substantially proportionate to and economically equivalent to those enjoyed hereunder by such Xxxxxx immediately prior to the happening of such distribution. Any such adjustment made reasonably and in good faith by the Company shall be final and binding upon the Holders and shall become effective as of the record date for such distribution.
Appears in 1 contract
DISTRIBUTION OF SECURITIES OR OTHER ASSETS. If the Company ------------------------------------------ after the ------------------------------------------ date hereof shall distribute to all of the holders of its common shares any securities including, but not limited to Common Shares, or other assets (other than a cash distribution made as a dividend payable out of earnings or out of any earned surplus legally available for dividends under the laws of the jurisdiction of incorporation of the company), the Company shall be required to make such equitable adjustment in the Option Price and the type and/or number of Underlying Securities in effect immediately prior to the record date of such distribution as may be necessary to preserve to the Holder of this Option rights substantially proportionate to and economically equivalent to those enjoyed hereunder by such Xxxxxx immediately prior to the happening of such distribution. Any such adjustment made reasonably and in good faith by the Company shall be final and binding upon the Holders and shall become effective as of the record date for such distribution.
Appears in 1 contract
DISTRIBUTION OF SECURITIES OR OTHER ASSETS. If the Company after the ------------------------------------------ date hereof shall distribute to all of the holders of its common shares any securities including, but not limited to Common Shares, or other assets (other than a cash distribution made as a dividend payable out of earnings or out of any earned surplus legally available for dividends under the laws of the jurisdiction of incorporation of the company), the Company shall be required to make such equitable adjustment in the Option Warrant Price and the type and/or number of Underlying Securities in effect immediately prior to the record date of such distribution as may be necessary to preserve to the Holder of this Option Warrant rights substantially proportionate to and economically equivalent to those enjoyed hereunder by such Xxxxxx Holder immediately prior to the happening of such distribution. Any such adjustment made reasonably and in good faith by the Company shall be final and binding upon the Holders and shall become effective as of the record date for such distribution.
Appears in 1 contract
DISTRIBUTION OF SECURITIES OR OTHER ASSETS. If the Company after the ------------------------------------------ date hereof shall distribute to all of the holders of its common shares any securities including, but not limited to Common Shares, or other assets (other than a cash distribution made as a dividend payable out of earnings or out of any earned surplus legally available for dividends under the laws of the jurisdiction of incorporation of the company), the Company shall be required to make such equitable adjustment in the Option Price and the type and/or number of Underlying Securities in effect immediately prior to the record date of such distribution as may be necessary to preserve to the Holder of this Option rights rightd substantially proportionate to and economically equivalent to those enjoyed hereunder by such Xxxxxx Holder immediately prior to the happening of such distribution. Any such adjustment made reasonably and in good faith by the Company shall be final and binding upon the Holders and shall become effective as of the record date for such distribution.
Appears in 1 contract
Samples: Option to Purchase Agreement (Vitafort International Corp)