Common use of Expiration of Rights Clause in Contracts

Expiration of Rights. Upon the expiration of any Rights referred to in this Section 5.1, without the exercise, exchange or conversion, as applicable, thereof, the Exercise Price and the number of Warrant Shares shall, upon such expiration, be readjusted and shall thereafter be such Exercise Price and such number of Warrant Shares as would have been had such Exercise Price and such number of Warrant Shares 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 and Non-Voting Common Stock so issued were the shares of Common Stock and Non-Voting Common Stock, if any, actually issued or sold upon the exercise of such Rights; and (ii) such shares of Common Stock and Non-Voting Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise plus the aggregate consideration, if any, actually received by the Company for the issuance, sale or grant of all such Rights, whether or not exercised; provided, however, that no such readjustment shall have the effect of increasing the Exercise Price by an amount in excess of the amount of the reduction initially made in respect of the issuance, sale, or grant of such Rights.

Appears in 3 contracts

Samples: Warrant Agreement (Discovery Zone Inc), Warrant Agreement (Discovery Zone Inc), Warrant Agreement (Discovery Zone Inc)

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Expiration of Rights. Upon the expiration of any Rights referred in respect of the issuance of which adjustment was made pursuant to in this Section 5.14.5, without the exercise, exchange or conversion, as applicable, exercise thereof, the Exercise Purchase Price and the number of shares of Common Stock purchasable upon the exercise of each Warrant Shares shall, upon such expiration, be readjusted and shall thereafter be such Exercise Purchase Price and such number of Warrant Shares shares of Common Stock as would have been had such Exercise Purchase Price and such number of Warrant Shares shares of Common Stock 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 and Non-Voting Common Stock so issued were the shares of Common Stock and Non-Voting Common Stock, if any, actually issued or sold upon the exercise of such Rights; and (iib) such shares of Common Stock and Non-Voting Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise plus the aggregate consideration, if any, actually received by the Company for the issuance, sale or grant of all of such Rights, whether or not exercised; provided, however, provided that no such readjustment shall have the effect of increasing the Exercise Purchase Price by an amount in excess of the amount of the reduction initially made in respect of the issuance, sale, or grant of such Rights.

Appears in 2 contracts

Samples: Warrant Agreement (Suprema Specialties Inc), Warrant Agreement (Fresh America Corp)

Expiration of Rights. Upon the expiration of any Rights referred in respect of the issuance of which adjustment was made pursuant to in this Section 5.14.3 or Section 4.4, without the exercise, exchange or conversion, as applicable, exercise thereof, the Exercise Purchase Price and the number of shares of Common Stock purchasable upon the exercise of each Warrant Shares shall, upon such expiration, be readjusted and shall thereafter be such Exercise Purchase Price and such number of Warrant Shares shares of Common Stock as would have been had such Exercise Purchase Price and such number of Warrant Shares shares of Common Stock 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 and Non-Voting Common Stock so issued were the shares of Common Stock and Non-Voting Common Stock, if any, actually issued or sold upon the exercise of such Rights; and (iib) such shares of Common Stock and Non-Voting Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise plus the aggregate consideration, if any, actually received by the Company for the issuance, sale or grant of all of such Rights, whether or not exercised; provided, however, provided that no such readjustment shall have the effect of increasing the Exercise Purchase Price by an amount in excess of the amount of the reduction initially made in respect of the issuance, sale, or grant of such Rights.

Appears in 2 contracts

Samples: Warrant Agreement (U S Aggregates Inc), Warrant Agreement (U S Aggregates Inc)

Expiration of Rights. Upon the expiration of any Rights referred to in this Section 5.1Rights, without the exercise, exchange or conversion, as applicable, thereofif any thereof shall not have been exercised, the Exercise Price and the number of Warrant Shares purchasable upon the exercise of each Warrant shall, upon such expiration, be readjusted and shall thereafter be such Exercise Price and such number of Warrant Shares as it would have been had such Exercise Price and such number of Warrant Shares it been originally adjusted (or had the original adjustment not been required, as the case may be) as if: if (iA) the only shares of Common Stock and Non-Voting Common Stock so issued were the shares of Common Stock and Non-Voting Common Stock, if any, actually issued or sold upon the exercise of such Rights; and Rights and (iiB) such shares of Common Stock and Non-Voting Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise plus the aggregate consideration, if any, actually received by the Company for the issuance, sale or grant issuance of all of such Rights, Rights whether or not exercised; provided, however, provided that no such readjustment shall have the effect of increasing the Exercise Price or decreasing the number of Warrant Shares purchasable upon the exercise of each Warrant by an amount in excess of the amount of the reduction adjustment initially made in respect of the issuance, sale, or grant issuance of such Rights.

Appears in 1 contract

Samples: Warrant Agreement (Smith Corona Corp)

Expiration of Rights. Upon the expiration of any Rights referred in respect of the issuance of which adjustment was made pursuant to in this Section 5.14.4, without the exercise, exchange or conversion, as applicable, exercise thereof, the Exercise Purchase Price and the number of shares of Common Stock purchasable upon the exercise of each Warrant Shares shall, upon such expiration, be readjusted and shall thereafter be such Exercise Purchase Price and such number of Warrant Shares shares of Common Stock as would have been had such Exercise Purchase Price and such number of Warrant Shares shares of Common Stock 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 and Non-Voting Common Stock so issued were the shares of Common Stock and Non-Voting Common Stock, if any, actually issued or sold upon the exercise of such Rights; and (iib) such shares of Common Stock and Non-Voting Common Stock, if any, were issued or sold for the consideration actually received by the Company MSC upon such exercise plus the aggregate consideration, if any, actually received by the Company MSC for the issuance, sale or grant of all of such Rights, whether or not exercised; provided, however, provided that no such readjustment shall have the effect of increasing the Exercise Purchase Price by an amount in excess of the amount of the reduction initially made in respect of the issuance, sale, or grant of such Rights.

Appears in 1 contract

Samples: Warrant Agreement (Marketing Specialists Corp)

Expiration of Rights. Upon the expiration of any Rights referred to in this Section 5.1, without the exercise, exchange or conversion, as applicable, thereof, the Exercise Price and the number of Warrant Shares shall, upon such expiration, be readjusted and shall thereafter be such Exercise Price and such number of Warrant Shares as would have been had such Exercise Price and such number of Warrant Shares 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 and Non-Voting Common Stock so issued were the shares of Common Stock and Non-Voting Common Stock, if any, actually issued or sold upon the exercise of such Rights; and (ii) such shares of Common Stock and Non-Voting Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise plus the aggregate consideration, if any, actually received by the Company for the issuance, sale or grant of all such Rights, whether or not exercised; providedPROVIDED, howeverHOWEVER, that no such readjustment shall have the effect of increasing the Exercise Price by an amount in excess of the amount of the reduction initially made in respect of the issuance, sale, or grant of such Rights.

Appears in 1 contract

Samples: Warrant Agreement (Discovery Zone Inc)

Expiration of Rights. Upon the expiration of any Rights referred with respect to in this which an adjustment was required to be made pursuant to Section 5.14.1, without the exercise, exchange or conversion, as applicable, full exercise thereof, the Exercise Purchase Price and the number of shares of Class B Common Stock purchasable upon the exercise of each Warrant Shares shall, upon such expiration, be readjusted and shall thereafter be such Exercise the Purchase Price and such the number of Warrant Shares shares of Class B Common Stock as would have been had such Exercise Price and such number of Warrant Shares 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 and Non-Voting Common Stock so issued issuable under such Rights were the shares of Common Stock and Non-Voting Common Stock, if any, actually issued or sold upon the exercise of such Rights; and (ii) such shares of Common Stock and Non-Voting Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise plus the aggregate consideration, if any, actually received by the Company for the issuance, sale or grant of all of such Rights, whether or not exercised; provided, however, provided that no such readjustment shall have the effect of increasing the Exercise Purchase Price by an amount in excess of the amount of the reduction initially made in respect of the issuance, sale, or grant of such Rights.

Appears in 1 contract

Samples: Warrant Agreement (Hutchinson Products Corp)

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Expiration of Rights. Upon the expiration of any Rights referred to in this Section 5.1, without the exercise, exchange or conversion, as applicable, thereof, the Exercise Price and the number of Warrant Shares shall, upon such expiration, be readjusted and shall thereafter be such Exercise Price and such number of Warrant Shares as would have been had such Exercise Price and such number of Warrant Shares 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 and Non-Voting Common Stock so issued were the shares of Common Stock and Non-Voting Common Stock, if any, actually issued or sold upon the exercise of such Rights; and (ii) such shares of Common Stock and Non-Voting Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise plus the aggregate consideration, if any, actually received by the Company for the issuance, sale or grant of all such Rights, whether or not exercised; provided, however, that no such readjustment shall have the effect of increasing the Exercise Price by an amount in excess of the amount of the reduction initially made in respect of the issuance, sale, or grant of such Rights.

Appears in 1 contract

Samples: Warrant Agreement (New World Coffee Manhattan Bagel Inc)

Expiration of Rights. Upon the expiration of any Rights referred to in this Section 5.1, without the exercise, exchange or conversion, as applicable, thereof, the Exercise Price and the number of Warrant Shares shall, upon such expiration, be readjusted and shall thereafter be such Exercise Price and such number of Warrant Shares as would have been had such Exercise Price and such number of Warrant Shares 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 and Non-Voting Common Stock so issued were the shares of Common Stock and Non-Voting Common Stock, if any, actually issued or sold upon the exercise of such Rights; and (ii) such shares of Common Stock and Non-Voting Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise plus the aggregate consideration, if any, actually received by the Company for the issuance, sale or grant of all such Rights, whether or not exercised; provided, however, that no such readjustment shall have the effect of increasing the Exercise Price by an amount in excess of the amount of the reduction initially made in respect of the issuance, sale, or grant of such Rights.

Appears in 1 contract

Samples: Warrant Agreement (Airtran Holdings Inc)

Expiration of Rights. Upon the expiration of any Rights referred in respect of the issuance of which adjustment was made pursuant to in this Section 5.14.5, without the exercise, exchange or conversion, as applicable, exercise thereof, the Exercise Purchase Price and the number of shares of Common Stock purchasable upon the exercise of each Warrant Shares shall, upon such expiration, be readjusted and shall thereafter be such Exercise Purchase Price and such number of Warrant Shares shares of Common Stock as would have been had such Exercise Purchase Price and such number of Warrant Shares shares of Common Stock 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 and Non-Voting Common Stock so issued were the shares of Common Stock and Non-Voting Common Stock, if any, actually issued or sold upon the exercise of such Rights; and (iib) such shares of Common Stock and Non-Voting Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise plus the aggregate consideration, if any, actually received by the Company for the issuance, sale or grant of all of such Rights, whether or not exercised; provided, however, PROVIDED that no such readjustment shall have the effect of increasing the Exercise Purchase Price by an amount in excess of the amount of the reduction initially made in respect of the issuance, sale, or grant of such Rights.

Appears in 1 contract

Samples: Securities Purchase Agreement (Able Telcom Holding Corp)

Expiration of Rights. Upon the expiration of any Rights referred in respect of the issuance of which adjustment was made pursuant to in this Section 5.10, without the exercise, exchange or conversion, as applicable, exercise thereof, the Exercise Purchase Price and the number of shares of Common Stock purchasable upon the exercise of each Warrant Shares shall, upon such expiration, be readjusted and shall thereafter be such Exercise Purchase Price and such number of Warrant Shares shares of Common Stock as would have been had such Exercise Purchase Price and such number of Warrant Shares shares of Common Stock 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 and Non-Voting Common Stock so issued were the shares of Common Stock and Non-Voting Common Stock, if any, actually issued or sold upon the exercise of such Rights; and (iib) such shares of Common Stock and Non-Voting Common Stock, if any, were issued or sold for the consideration actually received by the Company upon such exercise plus the aggregate consideration, if any, actually received by the Company for the issuance, sale or grant of all of such Rights, whether or not exercised; provided, however, PROVIDED that no such readjustment shall have the effect of increasing the Exercise Purchase Price by an amount in excess of the amount of the reduction initially made in respect of the issuance, sale, or grant of such Rights.

Appears in 1 contract

Samples: Warrant Agreement (Fresh America Corp)

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