Events Resulting in no Adjustments. No adjustment to the Underlying Share Purchase Price or to the number of Underlying Shares, however, will be made upon (i) the sale of any shares of Common Stock or Warrants in the Offering (including the exercise of the over-allotment option granted to the underwriters), (ii) the exercise of any stock options issued under the Company's 1997 Stock Option Plan, 1996 Stock Option Plan, 1992 Non-Qualified Stock Option Plan or 1988 Non-Qualified Stock Option Plan (the "Stock Option Plans") to officers, directors and employees of the Company under the terms of such plans as they exist on the date hereof, (iii) the exercise of any warrants by officers and directors of the Company that are outstanding as of the date hereof, (iv) the sale of any shares of Common Stock or Warrants pursuant to the exercise of any Managing Underwriters' Warrant, or (v) the sale of any shares of Common Stock upon the exercise of any Warrants (collectively, the "Exempt Securities").
Appears in 2 contracts
Samples: Managing Underwriters' Warrant Agreement (Herley Industries Inc /New), Managing Underwriters' Warrant Agreement (Herley Industries Inc /New)
Events Resulting in no Adjustments. No adjustment to the Underlying Share Purchase Exercise Price of the Warrants or to the number of Underlying Sharesshares of Common Stock purchasable upon the exercise of each Warrant, however, will be made upon (i) the sale of any shares of Common Stock or Warrants in the Public Offering (including the exercise of the over-allotment option granted to the underwriters), (ii) the exercise of any stock options issued under the Company's 1997 Stock Option Plan, 1996 Stock Option Plan, 1992 Non-Qualified Stock Option Plan or 1988 Non-Qualified Stock Option Plan (the "Stock Option Plans") to officers, directors and employees of the Company under the terms of such plans as they exist on the date hereof, (iii) the exercise of any warrants by officers and directors of the Company that are outstanding as of the date hereofCompany, (iv) the sale of any shares of Common Stock or Warrants pursuant to the exercise of any Managing Underwriters' Warrant, or (v) the sale of any shares of Common Stock upon the exercise of any Warrants (collectively, the "Exempt Securities").
Appears in 2 contracts
Samples: Warrant Agreement (Herley Industries Inc /New), Warrant Agreement (Herley Industries Inc /New)