Common use of Escrow of Warrant Shares Clause in Contracts

Escrow of Warrant Shares. If after any property becomes distributable pursuant to this Section 5 by reason of the taking of any record of the holders of Common Stock, but prior to the occurrence of the event for which such record is taken, and the Holder exercises this Warrant, any shares of Common Stock issuable upon exercise by reason of such adjustment shall be deemed the last shares of Common Stock for which this Warrant is exercised (notwithstanding any other provision to the contrary herein) and such shares or other property shall be held in escrow for the Holder by the Issuer to be issued to the Holder upon and to the extent that the event actually takes place, upon payment of the current Warrant Price. Notwithstanding any other provision to the contrary herein, if the event for which such record was taken fails to occur or is rescinded, then such escrowed shares shall be cancelled by the Issuer and escrowed property returned.

Appears in 10 contracts

Samples: Conversion Agreement (Hienergy Technologies Inc), Debt Conversion Agreement (Hienergy Technologies Inc), Debt Conversion Agreement (Hienergy Technologies Inc)

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Escrow of Warrant Shares. If after any property becomes distributable pursuant to this Section 5 4 by reason of the taking of any record of the holders of Common StockShares, but prior to the occurrence of the event for which such record is taken, and the Holder exercises this Warrant, any shares of Additional Common Stock Shares issuable upon exercise by reason of such adjustment shall be deemed the last shares of Common Stock Shares for which this Warrant is exercised (notwithstanding any other provision to the contrary herein) and such shares or other property shall be held in escrow for the Holder by the Issuer Company to be issued to the Holder upon and to the extent that the event actually takes place, upon payment of the current then Current Warrant Price. Notwithstanding any other provision to the contrary herein, if the event for which such record was taken fails to occur or is rescinded, then such escrowed shares shall be cancelled by the Issuer Company and escrowed property returnedreturned to the Company.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Advanced Lighting Technologies Inc), Contingent Warrant Agreement (Advanced Lighting Technologies Inc), Advanced Lighting Technologies Inc

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