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 Common 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 Shares so issued were the Common Shares, 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 Common Shares, 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.

Appears in 6 contracts

Samples: Warrant Agreement (KMC Telecom Holdings Inc), Warrant Agreement (KMC Telecom Holdings Inc), Warrant Agreement (Econophone 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 previously resulted in an adjustment hereunderpursuant to Section 4.01(b), if any thereof shall not have been exercised, exchanged or converted, the Exercise Price and the number of shares of Common Shares 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 Shares Stock so issued were the shares of Common SharesStock, 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 SharesStock, if any, were issued or sold for the consideration Consideration actually received by the Company upon such exercise, exchange or conversion exercise plus the considerationConsideration, 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.

Appears in 2 contracts

Samples: Warrant Agreement (Cp International Investments LTD), Warrant Agreement (MCM Capital Group 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 Common Shares 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 (i) the only Common Shares so issued were the Common Shares, 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 Common Shares, 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.

Appears in 2 contracts

Samples: Warrant Agreement (CFW Communications Co), Warrant Agreement (Carrier1 International S A)

Expiration of Rights, Options and Conversion Privileges. Upon the expiration of any rights, options, warrants or conversion or exchange privileges (including, including without limitation, 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 Common Shares issuable upon the exercise of each Warrant shall, upon such 24 20 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 Shares so issued were the Common Shares, if any, actually issued or sold upon the exercise, exchange or conversion of such rights, options, warrants or conversion or exchange rights (including, including without limitation, limitation any Rights) and (ii) such Common Shares, 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, including without limitation, limitation any Rights) whether or not exercised.

Appears in 2 contracts

Samples: Warrant Agreement (Nextel Communications Inc), Warrant Agreement (McCaw International LTD)

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 Common Shares shares of Preferred Stock (or any capital stock issuable upon conversion of the Preferred 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 Shares shares of Preferred Stock so issued were the Common Sharesshares of Preferred Stock (or any capital stock issuable upon conversion of the Preferred 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 Common SharesPreferred Stock (or any capital stock issuable upon conversion of the Preferred 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.

Appears in 2 contracts

Samples: Warrant Agreement (Knology Inc), Warrant Agreement (Knology Holdings Inc /Ga)

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 Shares 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 Shares Stock so issued were the shares of Common SharesStock, 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 SharesStock, 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.

Appears in 2 contracts

Samples: Warrant Agreement (Panolam Industries Inc), Warrant Agreement (Panolam Industries 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 such right, option, warrant or conversion or exchange privilege shall not have been exercised, exchanged or converted, the Exercise Price and the number of Common 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 Shares so issued were the Common Shares, 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 Common Shares, 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.

Appears in 1 contract

Samples: Warrant Agreement (Diva Systems 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 Common Class A 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 Class A Shares so issued were the Common Class A 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 Common Class A Shares, 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.

Appears in 1 contract

Samples: Warrant Agreement (RSL Communications PLC)

Expiration of Rights, Options and Conversion Privileges. Upon the redemption, repurchase, expiration or termination of any rightsRights, options, warrants or conversion or exchange privileges (including, without limitation, any Rights) that the issuance of which 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 Common Shares 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 (i) the only Common Shares so issued were the Common Shares, 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) Rights and (ii) such Common Shares, 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) Rights whether or not exercised.

Appears in 1 contract

Samples: Warrant Agreement (Marvel Enterprises 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 previously resulted in an adjustment hereunder, if any thereof such shall not have been exercised, exchanged or converted, the Exercise Price and the number of shares of Common Shares issuable upon the Stock subject to exercise of each Warrant shall, upon such expiration, be readjusted and shall thereafter, upon any future exercise, thereafter 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 on the basis of (iA) the fact that the only shares of Common Shares Stock so issued were the shares of Common SharesStock, 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 (iiB) such shares of Common SharesStock, 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 (including for purposes hereof, any underwriting discounts or selling commissions paid by the Company) for the issuance, sale or grant of all such rights, options, warrants or conversion or exchange rights (including, without limitation, any Rights) Rights whether or not exercised; provided, however, that no such readjustment shall have the effect of decreasing the number of shares of Common Stock subject to exercise by an amount in excess of the amount of the adjustment initially made with respect to the issuance, sale or grant of such Rights.

Appears in 1 contract

Samples: Genaissance Pharmaceuticals 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 hereunderpursuant to Section 4.01(b) or Section 4.01(c), if any thereof shall not have been exercised, exchanged or converted, the Exercise Price and the number of shares of Common Shares 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 Shares Stock so issued were the shares of Common SharesStock, 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 SharesStock, if any, were issued or sold for the consideration Consideration actually received by the Company upon such exercise, exchange or conversion exercise plus the considerationConsideration, 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.

Appears in 1 contract

Samples: Warrant Agreement (MCM Capital Group 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 Common 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 Shares so issued were the Common Shares, 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 Common Shares, 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.

Appears in 1 contract

Samples: Warrant Agreement (TVN Entertainment 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 Common 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 Shares so issued were the Common Shares, 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 Common Shares, if any, were issued or sold for the consideration actually received by the Company upon such exercise, exchange or conversion 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.

Appears in 1 contract

Samples: Warrant Agreement (Scovill Holdings 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 Common Shares issuable upon the exercise of each Warrant shall, upon such 24 20 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 Shares so issued were the Common Shares, 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 Common Shares, 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.

Appears in 1 contract

Samples: Warrant Agreement (Long Distance International Inc)

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