Equitable Adjustment. If at any time during the period between the date of this Agreement and the Acceptance Time, any change in the number of outstanding shares of Company Common Stock shall occur as a result of any stock split, reverse stock split, stock dividend (including any dividend or other distribution of securities convertible into Company Common Stock), reorganization, recapitalization, reclassification, combination, exchange of shares or other similar change with respect to Company Common Stock, then the Merger Consideration shall be equitably adjusted to reflect such change.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Lewis & Clark Ventures I, LP), Agreement and Plan of Merger (RiverRoad Capital Partners, LLC), Agreement and Plan of Merger (Sagrera Ricardo A.)
Equitable Adjustment. If at any time during the period between the date of this Agreement and the Acceptance Effective Time, any change in the number of outstanding shares of Company Common Stock shall occur as a result by reason of any reclassification, recapitalization, reorganization, stock split, split (including a reverse stock split), combination, exchange or readjustment of shares, or any stock dividend or stock distribution (including any dividend or other distribution of securities convertible into Company or exchangeable for shares of Common Stock), reorganization, recapitalization, reclassification, combination, exchange of shares or other similar change ) is declared with respect to Company Common Stocka record date during such period, then the Merger Consideration shall be proportionately and equitably adjusted adjusted, without duplication, to reflect such change.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Stein Mart Inc), Agreement and Plan of Merger (Feldenkreis George), Agreement and Plan of Merger (Perry Ellis International, Inc)
Equitable Adjustment. If at any time during the period between the date of this Agreement and the Acceptance Effective Time, any change in the number of outstanding shares of Company Common Stock shall occur as a result of any stock split, split (including a reverse stock split) or combination, or any stock dividend or stock distribution (including any dividend or other distribution of securities convertible into Company or exchangeable for shares of Common Stock), reorganization, recapitalization, reclassification, combination, exchange of shares or other similar change ) is declared with respect to Company Common Stocka record date during such period, then the Merger Consideration shall be equitably adjusted to reflect such change.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Annie's, Inc.), Agreement and Plan of Merger, Agreement and Plan of Merger (Warner Music Group Corp.)
Equitable Adjustment. If at any time during the period between the date of this Agreement and the Acceptance Effective Time, any change in the number of outstanding shares of Company Common Stock shall occur as a result of any reclassification, recapitalization, reorganization, stock split, split (including a reverse stock split) or combination, exchange or readjustment of shares, or any stock dividend or stock distribution (including any dividend or other distribution of securities convertible into Company or exchangeable for shares of Common Stock), reorganization, recapitalization, reclassification, combination, exchange of shares or other similar change ) is declared with respect to Company Common Stocka record date during such period, then the Offer Price and Merger Consideration shall be equitably adjusted to reflect such change.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (LD Commodities Sugar Holdings LLC), Agreement and Plan of Merger (Imperial Sugar Co /New/)
Equitable Adjustment. If at any time during the period between the date of this Agreement and the Acceptance Effective Time, any change in the number of outstanding shares of Company Common Stock shall occur as a result of any reclassification, recapitalization, stock split, split (including a reverse stock split) or combination, or any stock dividend or stock distribution (including any dividend or other distribution of securities convertible into Company or exchangeable for shares of Common Stock), reorganization, recapitalization, reclassification, combination, exchange of shares or other similar change ) with respect to Company Common Stocka record date during such period, then the Offer Price and the Merger Consideration shall be equitably adjusted to reflect such change.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Pinnacle Foods Inc.), Agreement and Plan of Merger (Boulder Brands, Inc.)
Equitable Adjustment. If at any time during the period between the date of this Agreement agreement and the Acceptance Effective Time, any change in the number of outstanding shares of Company Common Stock shall occur as a result of any stock split, reverse stock split, stock dividend (including any dividend or other distribution of securities convertible into Company Common Stock), reorganization, recapitalization, reclassification, combination, exchange of shares or other similar change with respect to Company Common Stock, then the Merger Consideration shall be equitably adjusted to reflect such change.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Carbon Black, Inc.), Agreement and Plan of Merger (Vmware, Inc.)
Equitable Adjustment. If at any time during the period between the date of this Agreement and the Acceptance Effective Time, any change in the number of outstanding shares of Company Common Stock shall occur as a result of any stock split, reverse stock split, stock dividend (including any dividend or other distribution of securities convertible into Company Common Stock), reorganization, recapitalization, reclassification, combination, exchange of shares or other similar change with respect to Company the Common Stock, then the Merger Consideration shall be equitably adjusted to reflect such change.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Qumu Corp), Agreement and Plan of Merger (Papa Murphy's Holdings, Inc.)
Equitable Adjustment. If at any time during the period between the date of this Agreement and the Acceptance Effective Time, any change in the number of outstanding shares of Company Common Stock shall occur as a result of any stock split, reverse stock split, stock dividend (including any dividend or other distribution of securities convertible into Company Common Stock), reorganization, recapitalization, reclassification, combination, exchange of shares or other similar change with respect to Company the Common Stock, then the Merger Consideration and any other amount based on the number of shares of Common Stock shall be equitably adjusted adjusted, without duplication of any adjustment made pursuant to Section 1.1(h) to reflect such change.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Mitel Networks Corp), Agreement and Plan of Merger (Air Methods Corp)
Equitable Adjustment. If at any time during the period between the date of this Agreement and the Acceptance Effective Time, any change in the number of outstanding shares of Company Common Stock shall occur as a result of any stock split, reverse stock split, stock dividend (including any dividend or other distribution of securities convertible into Company Common Stock), reorganization, recapitalization, reclassification, combination, exchange of shares or other similar change with respect to Company Common Stock, then the Merger Consideration shall be equitably adjusted to reflect such change.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Berkshire Grey, Inc.)
Equitable Adjustment. If at any time during the period between the date of this Agreement and the Acceptance Effective Time, any change in the number of outstanding shares of Company Common Stock and Class A Stock shall occur as a result of any stock split, reverse stock split, stock dividend (including any dividend or other distribution of securities convertible into Company Common Stock), reorganization, recapitalization, reclassification, combination, exchange of shares or other similar change with respect to Company the Common Stock or the Class A Stock, then the Merger Consideration Common Per Share Price and the Class A Per Share Price, as applicable, shall be equitably adjusted to reflect such change.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Dover Motorsports Inc)
Equitable Adjustment. If at any time during the period between the date of this Agreement and the Acceptance Effective Time, any change in the number of outstanding shares of Company Common Stock shall occur as a result of any stock split, reverse stock split, stock dividend (including any dividend or other distribution of securities convertible into Company Common Stock), reorganization, recapitalization, reclassification, combination, exchange of shares or other similar change with respect to Company Common Stock, then the Merger Consideration shall be equitably adjusted to reflect such change.into
Appears in 1 contract
Equitable Adjustment. If at any time during the period between the date of this Agreement and the Acceptance Effective Time, any change in the number of outstanding shares of Company Common Stock shall occur as a result by reason of any reclassification, recapitalization, reorganization, stock split, split (including a reverse stock split), combination, exchange or readjustment of shares, or any stock dividend or stock distribution (including any dividend or other distribution of securities convertible into Company or exchangeable for shares of Common Stock), reorganization, recapitalization, reclassification, combination, exchange of shares or other similar change ) is declared with respect to Company Common Stocka record date during such period, then the Merger Consideration shall be equitably adjusted to reflect such change.
Appears in 1 contract
Samples: Agreement and Plan of Merger (MAGNACHIP SEMICONDUCTOR Corp)
Equitable Adjustment. If If, at any time during the period between the date of this Agreement and the Acceptance Effective Time, any change in the number of outstanding shares of Company Common Stock or Series B Preferred Stock shall occur as a result by reason of any reclassification, recapitalization, reorganization, stock split, split (including a reverse stock split), combination, exchange or readjustment of shares, stock dividend or stock distribution (including any dividend or other distribution of securities convertible into Company or exchangeable for shares of Common Stock or Series B Preferred Stock), reorganization, recapitalization, reclassification, combination, exchange of shares or other similar change with respect to Company Common Stock, then the Merger Consideration shall be proportionately and equitably adjusted adjusted, without duplication, to reflect such change.
Appears in 1 contract
Equitable Adjustment. If If, at any time during the period between the date of this Agreement and the Acceptance Effective Time, any change in the number of outstanding shares of Company Common Stock shall occur as a result of any stock split, reverse stock split, stock dividend (including any dividend or other distribution of securities convertible into Company Common Stock), reorganization, recapitalization, reclassification, combination, exchange of shares or other similar change with respect to Company the Common Stock, then the Merger Consideration and any other amount based on the number of shares of Common Stock shall be equitably adjusted adjusted, without duplication of any adjustment made pursuant to Section 1.1(i), to reflect such change.
Appears in 1 contract
Equitable Adjustment. If at any time during the period between the date of this Agreement and the Acceptance Effective Time, any change in the number of outstanding shares of Company Common Stock shall occur as a result of any reclassification, recapitalization, reorganization, stock split, split (including a reverse stock split) or combination, exchange or readjustment of shares, or any stock dividend or stock distribution (including any dividend or other distribution of securities convertible into Company or exchangeable for shares of Common Stock)) and specifically including, reorganizationbut not limited to, recapitalizationany exercise of any rights under the Company Rights Agreement, reclassification, combination, exchange of shares or other similar change is declared with respect to Company Common Stocka record date during such period, then the Offer Price and Merger Consideration shall be equitably adjusted to reflect such change.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Frozen Food Express Industries Inc)