Common use of Expiration of Rights, Options and Conversion Privileges Clause in Contracts

Expiration of Rights, Options and Conversion Privileges. Upon the expiration of any rights, options, warrants or conversion or exchange privileges (including, without limitation, any Rights) that have previously resulted in an adjustment hereunder, if any thereof shall not have been exercised, exchanged or converted, the Exercise Price and the number of shares of Common Stock issuable upon the exercise of each Warrant shall, upon such expiration, be readjusted and shall thereafter, upon any future exercise, be such as they would have been had they been originally adjusted (or had the original adjustment not been required, as the case may be) as if (i) the only Common Stock so issued were the shares of Common Stock, if any, actually issued or sold upon the exercise, exchange or conversion of such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) and (ii) such shares of Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise, exchange or conversion plus the consideration, if any, actually received by the Company for issuance, sale or grant of all such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) whether or not exercised; provided, however, that no such readjustment shall (except by reason of an intervening adjustment under Section 3.1) have the effect of decreasing the number of shares of Common Stock issuable upon the exercise of each Warrant by an amount in excess of the amount of the adjustment initially made in respect of the issuance, sale or grant of such rights, options, warrants or conversion exchange privileges.

Appears in 2 contracts

Samples: Stock Purchase Agreement (RMH Teleservices Inc), RMH Teleservices Inc

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Expiration of Rights, Options and Conversion Privileges. Upon the expiration of any rights, options, warrants or conversion or exchange privileges (including, without limitation, any Rights) that have unexercised Rights the issuance of which previously resulted in an adjustment hereunder, if any thereof shall not have been exercised, exchanged or converted, the Exercise Price and the number of shares of Common Stock issuable Warrant Shares purchasable upon the exercise of each Warrant shall, upon such expiration, be readjusted so that thereafter the Exercise Price and the number of Warrant Shares purchasable upon exercise of each Warrant shall thereafter, upon any future exercise, be such as they would have been had they originally been originally adjusted (or had the original adjustment not been required, as the case may be) as if (i) the only shares of Common Stock so issued considered in the adjustment made with respect to such Rights were the shares of Common Stock, if any, actually issued or sold upon the exercise, exchange or conversion exercise of such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) Rights and (ii) such shares of Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise, exchange or conversion exercise plus the consideration, if any, actually received by the Company for issuance, sale or grant of all such rightsRights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) whether or not exercised; provided, however, provided that no such readjustment shall (except by reason of an intervening adjustment under Section 3.1) have the effect of increasing the Exercise Price by an amount, or decreasing the number of shares of Common Stock issuable Warrant Shares purchasable upon the exercise of each Warrant by an amount a number, in excess of the amount or number, as the case may be, of the adjustment initially made in with respect of to the issuance, issuance or sale or grant of such rights, options, warrants or conversion exchange privilegesRights.

Appears in 2 contracts

Samples: Warrant Agreement (American Communications Services Inc), Warrant Agreement (E Spire Communications Inc)

Expiration of Rights, Options and Conversion Privileges. Upon the expiration without being exercised of any rights, options, warrants or conversion or exchange privileges (including, without limitation, any Rights) that have previously resulted in for which an adjustment hereunder, if any thereof shall not have has been exercised, exchanged or convertedmade pursuant to this Warrant Agreement, the Exercise Price and the number of shares of Common Stock issuable purchasable upon the exercise of each Warrant shall, upon such expiration, be readjusted and shall thereafter, upon any future exercise, be such as they would have been had they been originally adjusted (or had the original adjustment not been be required, as the case may be) as if (i) the only shares of Common Stock so issued were the shares of such Common Stock, if any, actually issued or sold upon the exercise, exchange or conversion exercise of such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) and (ii) such shares of Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise, exchange or conversion exercise plus the consideration, if any, actually received by the Company for issuance, sale or grant of all such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) whether or not exercised; provided, however, that no such readjustment shall (except by reason of an intervening adjustment under Section 3.1) have the effect of increasing the Exercise Price by an amount, or decreasing the number of shares of Common Stock issuable purchasable upon the exercise of each Warrant by an amount a number, in excess of the amount or number of the adjustment initially made in respect of to the issuance, sale or grant of such rights, options, warrants or conversion or exchange privilegesrights.

Appears in 2 contracts

Samples: Warrant Agreement (Miv Therapeutics Inc), Warrant Agreement (Miv Therapeutics Inc)

Expiration of Rights, Options and Conversion Privileges. Upon the expiration of any rights, options, warrants or conversion or exchange privileges (including, without limitation, any Rights) that have previously resulted in an adjustment hereunder, if any thereof shall not have been exercised, exchanged or converted, the Exercise Price and the number of shares of Common Stock issuable upon the exercise of each Warrant shall, upon such expiration, be readjusted and shall thereafter, upon any future exercise, be such as they would have been had they been originally adjusted (or had the original adjustment not been required, as the case may be) as if (i) the only shares of Common Stock so issued were the shares of Common Stock, if any, actually issued or sold upon the exercise, exchange or conversion exercise of such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) and (ii) such shares of Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise, exchange or conversion exercise plus the consideration, if any, actually received by the Company for issuance, sale or grant of all such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) whether or not exercised; providedPROVIDED, howeverHOWEVER, that no such readjustment shall (except by reason of an intervening adjustment under Section 3.1) have the effect of increasing the Exercise Price by an amount, or decreasing the number of shares of Common Stock issuable upon the exercise of each Warrant by an amount a number, in excess of the amount or number of the adjustment initially made in respect of the issuance, sale or grant of such rights, options, warrants or conversion or exchange privilegesrights.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Imc Global Inc)

Expiration of Rights, Options and Conversion Privileges. Upon the expiration of ------------------------------------------------------- any rights, options, warrants or conversion or exchange privileges (includingprivileges, without limitation, any Rights) that have previously resulted in the issuance of which caused an adjustment hereunderpursuant to Section 3(A)(4) hereof, if any thereof shall not have been exercised, exchanged or converted, the Exercise Price and the number of shares of Common Stock issuable purchasable upon the exercise of each Warrant shall, upon such expiration, be readjusted and shall thereafter, upon any future exercise, be such as they would have been had they been originally adjusted (or had the original adjustment not been required, as the case may be) as if (iA) the only shares of Common Stock so issued were the shares of Common Stock, if any, actually issued or sold upon the exercise, exchange or conversion exercise of such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) and (iiB) such shares of Common Stock, if any, were issued or sold for the consideration actually received by the Company Issuer upon such exercise, exchange or conversion exercise plus the consideration, if any, actually received by the Company Issuer for issuance, sale or grant of all such rights, options, warrants or conversion or of exchange rights (including, without limitation, any Rights) whether or not exercised; provided, howeverfurther, that no such -------- ------- readjustment shall (except by reason of an intervening adjustment under Section 3.1) have the effect of increasing the Exercise Price by an amount, or decreasing the number of shares of Common Stock issuable purchasable upon the exercise of each Warrant by an amount a number, in excess of the amount or number of the adjustment initially made in respect of to the issuance, sale or grant of such rights, options, warrants or conversion or exchange privilegesrights.

Appears in 1 contract

Samples: Warrant Agreement (Cdnow N2k Inc)

Expiration of Rights, Options and Conversion Privileges. Upon the expiration of any rights, options, warrants or conversion or exchange privileges (including, without limitation, any Rights) that have previously resulted in an adjustment hereunder, if any thereof shall not have been exercised, exchanged or converted, the Exercise Price and the number of shares of Common Stock Total ADSs or Total Shares issuable upon the exercise of each Total Warrant shall, upon such expiration, be readjusted and shall thereafter, upon any future exercise, be such as they would have been had they been originally adjusted (or had the original adjustment not been required, as the case may be) as if (i) the only Common Stock Total Shares so issued were the shares of Common StockTotal Shares, if any, actually issued or sold upon the exercise, exchange or conversion exercise of such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) and (ii) such shares of Common StockTotal Shares, if any, were issued or sold for the consideration actually received by the Company Total upon such exercise, exchange or conversion exercise plus the consideration, if any, actually received by the Company Total for issuance, sale or grant of all such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) whether or not exercised; provided, however, that no such readjustment shall (except by reason of an intervening adjustment under Section 3.1) have the effect of increasing the Exercise Price by an amount, or decreasing the number of shares of Common Stock Total ADSs or Total Shares issuable upon the exercise of each Total Warrant by an amount a number, in excess of the amount or number of the adjustment initially made in respect of to the issuance, sale or grant of such rights, options, warrants or conversion or exchange privilegesrights.

Appears in 1 contract

Samples: Warrant Agreement (Total)

Expiration of Rights, Options and Conversion Privileges. Upon the ------------------------------------------------------- expiration of any rights, options, warrants or conversion or exchange privileges (including, without limitation, any Rights) that have previously resulted in an adjustment hereunder, if any thereof shall not have been exercised, exchanged or converted, the Exercise Price and the number of shares of Common Stock issuable upon the exercise of each Warrant Rate shall, upon such expiration, be readjusted and shall thereafter, upon any future exercise, be such as they would have been had they been originally adjusted (or had the original adjustment not been required, as the case may be) as if (i) the only shares of Common Stock so issued were the shares of Common Stock, if any, actually issued or sold upon the exercise, exchange or conversion exercise of such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) and (ii) such shares of Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise, exchange or conversion exercise plus the consideration, if any, actually received by the Company for issuance, sale or grant of all such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) whether or not exercised; provided, however, that no such readjustment shall (except by reason of an intervening adjustment under Section 3.1) have the effect of decreasing the number of shares of Common Stock Warrant Shares issuable upon the exercise of each Warrant by an amount a number, in excess of the amount or number of the adjustment initially made in respect of to the issuance, sale or grant of such rights, options, warrants or conversion or exchange privilegesrights.

Appears in 1 contract

Samples: Warrant Agreement (Euronet Services Inc)

Expiration of Rights, Options and Conversion Privileges. Upon the ------------------------------------------------------- expiration of any rights, options, warrants or conversion or exchange privileges (including, without limitation, any Rights) that have previously resulted in an adjustment hereunder, if any thereof shall not have been exercised, exchanged or converted, the Exercise Price and the number of shares of Common Stock Shares issuable upon the exercise of each Warrant shall, upon such expiration, be readjusted and shall thereafter, upon any future exercise, be such as they would have been had they been originally adjusted (or had the original adjustment not been required, as the case may be) as if (i) the only Common Stock Shares so issued were the shares of Common StockShares, if any, actually issued or sold upon the exercise, exchange or conversion of such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) and (ii) such shares of Common StockShares, if any, were issued or sold for the consideration actually received by the Company upon such exercise, exchange or conversion plus the consideration, if any, actually received by the Company for issuance, sale or grant of all such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) whether or not exercised; provided, however, that no such readjustment shall (except by reason of an intervening adjustment under Section 3.14.1(a)) have the effect of decreasing the number of shares of Common Stock Shares issuable upon the exercise of each Warrant by an amount in excess of the amount of the adjustment initially made in respect of the issuance, sale or grant of such rights, options, warrants or conversion exchange privileges.

Appears in 1 contract

Samples: Warrant Agreement (Exide Corp)

Expiration of Rights, Options and Conversion Privileges. Upon the ------------------------------------------------------- expiration of any rights, options, warrants or conversion or exchange privileges (including, without limitation, any Rights) that have previously resulted in an adjustment hereunder, if any thereof shall not have been exercised, exchanged or converted, the Exercise Price and the number of shares of Common Stock issuable upon the exercise of each Warrant shall, upon such expiration, be readjusted and shall thereafter, upon any future exercise, be such as they would have been had they been originally adjusted (or had the original adjustment not been required, as the case may be) as if (i) the only shares of Common Stock so issued were the shares of Common Stock, if any, actually issued or sold upon the exercise, exchange or conversion exercise of such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) and (ii) such shares of Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise, exchange or conversion exercise plus the consideration, if any, actually received by the Company for issuance, sale or grant of all such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) whether or not exercised; provided, howeverfurther, that no such readjustment shall (except by reason of an intervening adjustment under Section 3.1) have the effect of -------- ------- decreasing the number of shares of Common Stock issuable upon the exercise of each Warrant by an amount a number in excess of the amount number of the adjustment initially made in respect of to the issuance, sale or grant of such rights, options, warrants or conversion or exchange privilegesrights.

Appears in 1 contract

Samples: Warrant Agreement (PHP Healthcare Corp)

Expiration of Rights, Options and Conversion Privileges. Upon the expiration of any rights, options, warrants or conversion or exchange privileges (including, without limitation, any Rights) that have previously resulted in an adjustment hereunder, if any thereof shall not have been exercised, exchanged or converted, the Exercise Price and the number of shares of Common Stock issuable upon the exercise of each Warrant shall, upon such expiration, be readjusted and shall thereafter, upon any future exercise, be such as they would have been had they been originally adjusted (or had the original adjustment not been required, as the case may be) as if (i) the only shares of Common Stock so issued were the shares of Common Stock, if any, actually issued or sold upon the exercise, exchange or conversion exercise of such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) and (ii) such shares of Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise, exchange or conversion exercise plus the consideration, if any, actually received by the Company for issuance, sale or grant of all such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) whether or not exercised; provided, howeverfurther, that no such readjustment shall (except by reason of an intervening adjustment under Section 3.1) have the effect of increasing the Exercise Price by an amount, or decreasing the number of shares of Common Stock issuable upon the exercise of each Warrant by an amount a number, in excess of the amount or number of the adjustment initially made in respect of to the issuance, sale or grant of such rights, options, warrants warrant or conversion or exchange privilegesrights.

Appears in 1 contract

Samples: Agreement (Warp Technology Holdings Inc)

Expiration of Rights, Options and Conversion Privileges. Upon ------------------------------------------------------- the expiration of any rights, optionsoptions or warrants, warrants or conversion or exchange privileges (including, without limitation, any Rights) that have previously resulted in the issuance of which caused an adjustment hereunderpursuant to this Article III, if any thereof shall not have been exercised, exchanged or converted, the Exercise Price and the number of shares of Common Stock issuable Shares purchasable upon the exercise of each this Warrant shall, upon such expiration, be readjusted and shall thereafter, upon any future fixture exercise, be such as they would have been had they been originally adjusted (or had the original adjustment not been required, as the case may be) as if (ia) the only Common Stock Shares so issued were the shares of Common StockShares, if any, actually issued or sold upon the exercise, exchange or conversion exercise of such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) and (iib) such shares of Common StockShares, if any, were issued or sold for the consideration actually received by the Company upon such exercise, exchange or conversion exercise plus the consideration, if any, actually received by the Company for issuance, sale or grant of all such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) whether or not exercised; provided, howeverfurther, that no such readjustment shall (except by reason of an intervening adjustment under Section 3.1) have the effect of increasing the Exercise Price by an amount, or decreasing the number of shares of Common Stock issuable purchasable upon the exercise of each this Warrant by an amount a number, in excess of the amount or number of the adjustment initially made in respect of to the issuance, sale or grant of such rights, options, warrants or conversion or exchange privilegesrights.

Appears in 1 contract

Samples: Telemonde Inc

Expiration of Rights, Options and Conversion Privileges. Upon the expiration of any rights, options, warrants or conversion or exchange privileges (including, without limitation, any Rights) that have previously resulted in an adjustment hereunderprivileges, if any thereof shall not have been exercised, exchanged or converted, the Warrant Exercise Price and the number of shares of Common Stock issuable purchasable upon the exercise of each Warrant shall, upon such expiration, be readjusted and shall thereafter, upon any future exercise, be such as they would have been had they been originally adjusted (or had the original adjustment not been required, as the case may be) as if (iA) the only shares of any class or series of Common Stock so issued were the shares of such class or series of Common Stock, if any, actually issued or sold upon the exercise, exchange or conversion exercise of such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) and (iiB) such shares of such class or series of Common Stock, if any, were issued or sold for the consideration actually received by the Company Company, upon such exercise, exchange or conversion exercise plus the consideration, if any, actually received by the Company for issuance, sale or grant of all such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) whether or not exercised; provided, howeverfurther, that no such readjustment shall (except by reason of an intervening adjustment under Section 3.1) have the effect of increasing the Warrant Exercise Price by an amount, or decreasing the number of shares of Common Stock issuable purchasable upon the exercise exercisable of each Warrant by an amount a number, in excess of the amount or number of the adjustment initially made in respect of to the issuance, sale or grant of such rights, options, warrants or conversion or exchange privilegesrights.

Appears in 1 contract

Samples: Warrant Agreement (Palomar Medical Technologies Inc)

Expiration of Rights, Options and Conversion Privileges. Upon the expiration of any rights, options, warrants or conversion or exchange privileges (including, without limitation, any Rights) that have previously resulted in an adjustment hereunder, if any thereof shall not have been exercised, exchanged or converted, the Exercise Price and the number of shares of Common Stock issuable upon the exercise of each Warrant shall, upon such expiration, be readjusted and shall thereafter, upon any future exercise, be such as they would have been had they been originally adjusted (or had the original adjustment not been required, as the case may be) as if (i) the only shares of Common Stock so issued were the shares of Common Stock, if any, actually issued or sold upon the exercise, exchange or conversion exercise of such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) and (ii) such shares of Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise, exchange or conversion exercise plus the consideration, if any, actually received by the Company for issuance, sale or grant of all such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) whether or not exercised; provided, however, that no such readjustment shall (except by reason of an intervening adjustment under Section 3.1) have the effect of increasing the Exercise Price by an amount, or decreasing the number of shares of Common Stock issuable upon the exercise of each Warrant by an amount a number, in excess of the amount or number of the adjustment initially made in respect of the issuance, sale or grant of such rights, options, warrants or conversion or exchange privilegesrights.

Appears in 1 contract

Samples: 3 Warrant Agreement (Imc Global Inc)

Expiration of Rights, Options and Conversion Privileges. Upon the ------------------------------------------------------- expiration of any rights, options, warrants or conversion or exchange privileges (including, without limitation, any Rights) that have previously resulted in an adjustment hereunder, if any thereof shall not have been exercised, exchanged or converted, the Exercise Price and the number of shares of Common Stock issuable upon the exercise of each Warrant shall, upon such expiration, be readjusted and shall thereafter, upon any future exercise, be such as they would have been had they been originally adjusted (or had the original adjustment not been required, as the case may be) as if (i) the only shares of Common Stock so issued were the shares of Common Stock, if any, actually issued or sold upon the exercise, exchange or conversion exercise of such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) and (ii) such shares of Common Stock, if any, were issued or sold for the consideration actually received by the Company Bank upon such exercise, exchange or conversion exercise plus the consideration, if any, actually received by the Company Bank (before consideration of underwriting documents and placement fees) for issuance, sale or grant of all such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) whether or not exercised; provided, howeverfurther, that no such readjustment shall (except by reason of an intervening adjustment under Section 3.1) have the effect of -------- ------- decreasing the number of shares of Common Stock issuable upon the exercise of each Warrant by an amount a number, in excess of the amount number of the adjustment initially made in respect of to the issuance, sale or grant of such rights, options, warrants or conversion or exchange privilegesrights.

Appears in 1 contract

Samples: Warrant Agreement (Golden State Bancorp Inc)

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Expiration of Rights, Options and Conversion Privileges. Upon the expiration of any rights, options, warrants or conversion or exchange privileges (includingprivileges, without limitation, any Rights) that have previously resulted in the issuance of which caused an adjustment hereunderpursuant to Section 4(A)(4) hereof, if any thereof shall not have been exercised, exchanged or converted, the Exercise Price and the number of shares of Common Stock issuable purchasable upon the exercise of each Warrant shall, upon such expiration, be readjusted and shall thereafter, upon any future exercise, be such as they would have been had they been originally adjusted (or had the original adjustment not been required, as the case may be) as if (iA) the only shares of Common Stock so issued were the shares of Common Stock, if any, actually issued or sold upon the exercise, exchange or conversion exercise of such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) and (iiB) such shares of Common Stock, if any, were issued or sold for the consideration actually received by the Company Issuer upon such exercise, exchange or conversion exercise plus the consideration, if any, actually received by the Company Issuer for issuance, sale or grant of all such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) whether or not exercised; provided, howeverfurther, that no such readjustment shall (except by reason of an intervening adjustment under Section 3.1) have the effect of increasing the Exercise Price by an amount, or decreasing the number of shares of Common Stock issuable purchasable upon the exercise of each Warrant by an amount a number, in excess of the amount or number of the adjustment initially made in respect of to the issuance, sale or grant of such rights, options, warrants or conversion or exchange privilegesrights.

Appears in 1 contract

Samples: Warrant Agreement (Golden Books Family Entertainment Inc)

Expiration of Rights, Options and Conversion Privileges. Upon the -------------------------------------------------------- expiration of any rights, options, warrants or conversion or exchange privileges (including, without limitation, any Rights) that have previously resulted in an adjustment hereunder, if any thereof shall not have been exercised, exchanged or converted, the Exercise Price and the number of shares of Common Stock issuable upon the exercise of each Warrant shall, upon such expiration, be readjusted and shall thereafter, upon any future exercise, be such as they would have been had they been originally adjusted (or had the original adjustment not been required, as the case may be) as if (i) the only shares of Common Stock so issued were the shares of Common Stock, if any, actually issued or sold upon the exercise, exchange or conversion exercise of such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) and (ii) such shares of Common Stock, if any, were issued or sold for the consideration actually received by the Company Bank upon such exercise, exchange or conversion exercise plus the consideration, if any, actually received by the Company Bank (before consideration of underwriting documents and placement fees) for issuance, sale or grant of all such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) whether or not exercised; provided, howeverfurther, that no such readjustment shall (except by reason of an intervening adjustment under Section 3.1) have provided, -------- ------- further, that no such readjustment shall have the effect of decreasing the number of shares of Common Stock share issuable upon the exercise of each Warrant by an amount a number, in excess of the amount number of the adjustment initially made in respect of to the issuance, sale or grant of such rights, options, warrants or conversion or exchange privilegesrights.

Appears in 1 contract

Samples: Warrant Agreement (Golden State Bancorp Inc)

Expiration of Rights, Options and Conversion Privileges. Upon the expiration of any rights, options, warrants or conversion or exchange privileges (including, without limitation, any Rights) that have previously resulted in an adjustment hereunder, if any thereof shall not have been exercised, exchanged or converted, the Exercise Price and the number of shares of Common Stock PetroFina ADSs or PetroFina Shares issuable upon the exercise of each PetroFina Warrant shall, upon such expiration, be readjusted and shall thereafter, upon any future exercise, be such as they would have been had they been originally adjusted (or had the original adjustment not been required, as the case may be) as if (i) the only Common Stock PetroFina Shares so issued were the shares of Common StockPetroFina Shares, if any, actually issued or sold upon the exercise, exchange or conversion exercise of such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) and (ii) such shares of Common StockPetroFina Shares, if any, were issued or sold for the consideration actually received by the Company PetroFina upon such exercise, exchange or conversion exercise plus the consideration, if any, actually received by the Company PetroFina for issuance, sale or grant of all such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) whether or not exercised; provided, however, that no such readjustment shall (except by reason of an intervening adjustment under Section 3.1) have the effect of increasing the Exercise Price by an amount, or decreasing the number of shares of Common Stock PetroFina ADSs or PetroFina Shares issuable upon the exercise of each PetroFina Warrant by an amount a number, in excess of the amount or number of the adjustment initially made in respect of to the issuance, sale or grant of such rights, options, warrants or conversion or exchange privilegesrights.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Petrofina Delaware Inc)

Expiration of Rights, Options and Conversion Privileges. Upon the expiration of any rights, options, warrants or conversion or exchange privileges (including, without limitation, any Rights) that have previously resulted in an adjustment hereunder, if any thereof shall not have been exercised, exchanged or converted, the Exercise Price and the number of shares of Common Stock Shares issuable upon the exercise of each Warrant shall, upon such expiration, be readjusted and shall thereafter, upon any future exercise, be such as they would have been had they been originally adjusted (or had the original adjustment not been required, as the case may be) as if (i) the only Common Stock Shares so issued were the shares of Common StockShares, if any, actually issued or sold upon the exercise, exchange or conversion of such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) and (ii) such shares of Common StockShares, if any, were issued or sold for the consideration actually received by the Company upon such exercise, exchange or conversion plus the consideration, if any, actually received by the Company for issuance, sale or grant of all such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) whether or not exercised; provided, however, that no such readjustment shall (except by reason of an intervening adjustment under Section 3.14.1(a)) have the effect of decreasing the number of shares of Common Stock Shares issuable upon the exercise of each Warrant by an amount in excess of the amount of the adjustment initially made in respect of the issuance, sale or grant of such rights, options, warrants or conversion exchange privileges.

Appears in 1 contract

Samples: Warrant Agreement (Healthsouth Corp)

Expiration of Rights, Options and Conversion Privileges. Upon the ------------------------------------------------------- expiration of any rights, optionsoptions or warrants, warrants or conversion or exchange privileges (including, without limitation, any Rights) that have previously resulted in the issuance of which caused an adjustment hereunderpursuant to this Article III, if any thereof shall not have been exercised, exchanged or converted, the Exercise Price and the number of shares of Common Stock issuable Shares purchasable upon the exercise of each this Warrant shall, upon such expiration, be readjusted and shall thereafter, upon any future fixture exercise, be such as they would have been had they been originally adjusted (or had the original adjustment not been required, as the case may be) as if (ia) the only Common Stock Shares so issued were the shares of Common StockShares, if any, actually issued or sold upon the exercise, exchange or conversion exercise of such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) and (iib) such shares of Common StockShares, if any, were issued or sold for the consideration actually received by the Company upon such exercise, exchange or conversion exercise plus the consideration, if any, actually received by the Company for issuance, sale or grant of all such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) whether or not exercised; provided, howeverfurther, that no such readjustment shall (except by reason of an intervening adjustment under Section 3.1) have the effect of increasing the Exercise Price by an amount, or decreasing the number of shares of Common Stock issuable purchasable upon the exercise of each this Warrant by an amount a number, in excess of the amount or number of the adjustment initially made in respect of to the issuance, sale or grant of such rights, options, warrants or conversion or exchange privilegesrights.

Appears in 1 contract

Samples: Telemonde Inc

Expiration of Rights, Options and Conversion Privileges. Upon the expiration of any rights, options, warrants or conversion or exchange privileges (including, without limitation, any Rights) rights that have previously resulted in an adjustment hereunder, if any thereof shall not have been exercised, exchanged or converted, the Exercise Price and the number of shares of Common Stock issuable upon the exercise of each Warrant then in effect shall, upon such expiration, be readjusted and shall thereafter, upon any future exercise, be such as they it would have been had they it been originally adjusted (or had the original adjustment not been required, as the case may be) as if (i) the only shares of Common Stock so issued were the shares of Common Stock, if any, actually issued or sold upon the exercise, exchange or conversion exercise of such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) and (ii) such shares of Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise, exchange or conversion exercise plus the consideration, if any, actually received by the Company for issuance, sale or grant issuance of all such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) whether or not exercised; provided, however, that no such readjustment shall (except by reason of an intervening adjustment under Section 3.1) have the effect of decreasing the number of shares of Common Stock issuable upon the exercise of each Warrant at such Exercise Price by an amount a number that is in excess of the amount or number of the adjustment initially made in respect of the issuance, sale or grant issuance of such rights, options, warrants or conversion or exchange privilegesrights.

Appears in 1 contract

Samples: Warrant Agreement (Motient Corp)

Expiration of Rights, Options and Conversion Privileges. Upon the expiration of any rights, options, warrants or conversion or exchange privileges (including, without limitation, any Rights) that have previously resulted in an adjustment hereunder, if any thereof shall not have been exercised, exchanged or converted, the Exercise Price and the number of shares of Common Stock Shares issuable upon the exercise of each Warrant shall, upon such expiration, be readjusted and shall thereafter, upon any future exercise, be such as they would have been had they been originally adjusted (or had the original adjustment not been required, as the case may be) as if (i) the only Common Stock Shares so issued were the shares of Common StockShares, if any, actually issued or sold upon the exercise, exchange or conversion exercise of such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) and (ii) such shares of Common StockShares, if any, were issued or sold for the consideration actually received by the Company Newco upon such exercise, exchange or conversion exercise plus the consideration, if any, actually received by the Company Newco for issuance, sale or grant of all such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) whether or not exercised; provided, however, provided that no such readjustment shall (except by reason of an intervening adjustment under Section 3.1) have the effect of increasing the Exercise Price by an amount, or decreasing the number of shares of Common Stock issuable upon the exercise of each Warrant by an amount a number, in excess of the amount or number of the adjustment initially made in respect of to the issuance, sale or grant of such rights, options, warrants or conversion or exchange privilegesrights.

Appears in 1 contract

Samples: Warrant Agreement (Orionnet Finance Corp)

Expiration of Rights, Options and Conversion Privileges. Upon the expiration of any rights, options, warrants or conversion or exchange privileges (including, without limitation, any Rights) rights that have previously resulted in an adjustment hereunderunder this Section 5.02, if any thereof shall not have been exercised, exchanged or converted, the Exercise Price and the number of shares of Common Stock issuable upon the exercise of each Warrant shall, upon such expiration, shall be readjusted and shall thereafter, upon any future exercise, be such as they would have been had they been originally adjusted (or had the original adjustment not been required, as the case may be) as if (i) the only shares of Common Stock so issued were the shares of Common Stock, if any, actually issued or sold upon the exercise, exchange or conversion exercise of such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) and (ii) such shares of Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise, exchange or conversion exercise plus the consideration, if any, actually received by the Company for issuance, sale or grant of all such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) whether or not exercised; provided, however, provided that no such readjustment shall (except by reason of an intervening adjustment under Section 3.1) have the effect of decreasing the number of shares of Common Stock issuable upon the exercise of each Warrant by an amount a number that is in excess of the amount or number of the adjustment initially made in respect of the issuance, sale or grant of such rights, options, warrants or conversion or exchange privilegesrights or shall have the effect of decreasing the number of shares of Common Stock that have been issued upon exercise of any Warrants prior to the date of such readjustment.

Appears in 1 contract

Samples: Warrant Agreement (Metrocall Inc)

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