Expiration or Change in Price. If the consideration per share provided for in any options, warrants, convertible securities or any other rights to subscribe for shares of Common Stock or any securities exchangeable for or convertible into shares of Common Stock, changes at any time, the applicable Conversion Price in effect at the time of such change shall be readjusted to the applicable Conversion Price which would have been in effect at such time had such options, warrants, convertible securities or other rights provided for such changed consideration per share (determined as provided in Section A.7(d) hereof), at the time initially granted, issued or sold; provided, that such adjustment of the applicable Conversion Price will be made only as and to the extent that such applicable Conversion Price effective upon such adjustment remains less than or equal to such Conversion Price that would be in effect if such options, warrants, rights or securities had not been issued. No adjustment of a Conversion Price shall be made under this Section A.7 upon the issuance of any additional shares of Common Stock which are issued pursuant to the exercise of any warrants, options or other subscription or purchase rights or pursuant to the exercise of any conversion or exchange rights in any convertible securities if an adjustment shall previously have been made upon the issuance of such warrants, options or other rights. Any adjustment of a Conversion Price shall be disregarded if, as and when the rights to acquire shares of Common Stock upon exercise or conversion of the warrants, options, rights or convertible securities which gave rise to such adjustment expire or are canceled without having been exercised, so that the Conversion Price effective immediately upon such cancellation or expiration shall be equal to the Conversion Price in effect at the time of the issuance of the expired or canceled warrants, options, rights or convertible securities, with such additional adjustments as would have been made to the Conversion Price had the expired or canceled warrants, options, rights or convertible securities not been issued.
Appears in 3 contracts
Samples: Right of Last Refusal Agreement (GlassHouse Technologies Inc), Series F Preferred Stock Purchase Agreement (GlassHouse Technologies Inc), Series F Preferred Stock Purchase Agreement (GlassHouse Technologies Inc)
Expiration or Change in Price. If the consideration per share Purchase Price provided for in any optionsDilutive Convertible Securities giving rise to an adjustment of the Series A Conversion Price of the Series A Preferred Units, warrants, convertible securities or the number of Units issuable upon the exercise or conversion of any other rights to subscribe for shares of Common Stock or any securities exchangeable for or convertible into shares of Common Stocksuch Dilutive Convertible Securities, changes at any time, the applicable Series A Conversion Price in effect with respect to the Series A Preferred Units at the time of such change shall be readjusted to the applicable Series A Conversion Price which would have been in effect at such time had such options, warrants, convertible securities or other rights Dilutive Convertible Securities provided for such changed consideration per share Purchase Price or changed number of Units (determined as provided in Section A.7(d3.4(d) hereof), ) at the time initially granted, issued or sold; provided, provided that such adjustment of the applicable such Series A Conversion Price will be made only as and to shall not have the extent that such applicable effect of increasing the Series A Conversion Price effective upon such to an amount which exceeds the lower of (i) the Series A Conversion Price on the original adjustment remains less than date, or equal to such (ii) the Series A Conversion Price that would be have resulted from any issuances of additional shares of Dilutive Convertible Securities between the original adjustment date and such readjustment date. Except as otherwise provided in effect if such optionsthis Section 3.4(e), warrants, rights or securities had not been issued. No no further adjustment of a the Series A Conversion Price shall be made under this Section A.7 3.4 upon the actual issuance of any additional shares of Common Stock Units which are issued pursuant to the exercise of any warrantsexercise, options or other subscription or purchase rights or pursuant to the exercise of any conversion or exchange rights in of any convertible securities Dilutive Convertible Securities if an adjustment shall previously have been made upon the issuance of such warrantsDilutive Convertible Securities in accordance with Section 3.4(d). If, options or other rights. Any adjustment of a Conversion Price shall be disregarded ifas, as and when the rights to acquire shares of Common Stock Units upon exercise or conversion of the warrants, options, rights or convertible securities Dilutive Convertible Securities which gave rise to such adjustment expire or are canceled without having been exercised, so that the Conversion Price effective immediately upon such cancellation or expiration shall be equal to the Series A Conversion Price in effect with respect to the Series A Preferred Units at the time of such expiration or cancellation shall be readjusted to the issuance of the expired or canceled warrants, options, rights or convertible securities, with such additional adjustments as Series A Conversion Price which would have been made to the Conversion Price in effect had the expired or canceled warrants, options, rights or convertible securities Dilutive Convertible Securities not been issued.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (FVA Ventures, Inc.), Membership Interest Purchase Agreement (FVA Ventures, Inc.)
Expiration or Change in Price. If the consideration per share provided for in any options, warrants, convertible securities options or any other rights to subscribe for shares of Common Stock or any securities exchangeable for or convertible into shares of Common Stock, changes at any timetime (other than as a result of the operation of the antidilution provisions of this Section 2 or the antidilution provisions relating to the Company's preferred stock), the applicable Conversion Exercise Price in effect at the time of such change shall be readjusted to the applicable Conversion Exercise Price which would have been in effect at such time had such options, warrants, options or convertible securities or other rights provided for such changed consideration per share (determined as provided in Section A.7(d) hereof)share, at the time initially granted, issued or sold; providedPROVIDED, that such adjustment of the applicable Conversion Exercise Price will be made only as and to the extent that such applicable Conversion the Exercise Price effective upon such adjustment remains less than or equal to such Conversion the Exercise Price that would be in effect if such options, warrants, rights or securities had not been issued. No adjustment of a Conversion the Exercise Price shall be made under this Section A.7 2.3.4 upon the issuance of any additional shares of Common Stock which are issued pursuant to the exercise of any warrants, options or other subscription or purchase rights or pursuant to the exercise of any conversion or exchange rights in any convertible securities if an adjustment shall previously have been made upon the issuance of such warrants, options or other rights. Any adjustment of a Conversion the Exercise Price shall be disregarded if, as as, and when the rights to acquire shares of Common Stock upon exercise or conversion of the warrants, options, rights or convertible securities which gave rise to such adjustment expire or are canceled without having been exercised, so that the Conversion Exercise Price effective immediately upon such cancellation or expiration shall be equal to the Conversion Exercise Price in effect at the time of the issuance of the expired or canceled warrants, options, rights or convertible securities, with such additional adjustments as would have been made to the Conversion Price had the expired or canceled warrants, options, rights or convertible securities not been issued.that
Appears in 2 contracts
Samples: Warrant Agreement (Metretek Technologies Inc), Common Stock Purchase Warrant (DDJ Capital Management LLC)
Expiration or Change in Price. If the consideration per share provided for in any options, warrants, convertible securities options or any other rights to subscribe for shares of Common Stock Ordinary Shares or any securities exercisable or exchangeable for or convertible into shares of Common StockOrdinary Shares, changes at any time, the applicable Conversion Warrant Exercise Price in effect at the time of such change shall be readjusted to the applicable Conversion Warrant Exercise Price which would have been in effect at such time had such options, warrants, options or convertible securities or other rights provided for such changed consideration per share (determined as provided in Section A.7(d) hereof)share, at the time initially granted, issued or sold; provided, that such adjustment of the applicable Conversion Price will be made only as and to the extent that such applicable Conversion Price effective upon such adjustment remains less than or equal to such Conversion Price that would be in effect if such options, warrants, rights or securities had not been issued. No adjustment of a Conversion the Warrant Exercise Price shall be made under this Section A.7 3.7 upon the issuance of any additional shares of Common Stock Ordinary Shares which are issued pursuant to the exercise of any warrants, options or other subscription or purchase rights or pursuant to the exercise of any conversion or exchange rights in any convertible securities if an adjustment shall previously have been made upon the issuance of such warrants, options or other rights. Any adjustment of a Conversion the Warrant Exercise Price shall be disregarded if, as as, and when the rights to acquire shares of Common Stock Ordinary Shares upon exercise or conversion of the warrants, options, rights or convertible securities which gave rise to such adjustment expire or are canceled canceled, redeemed or repurchased without having been exercised, so that the Conversion Warrant Exercise Price effective immediately upon such cancellation or expiration shall be equal to the Conversion Warrant Exercise Price in effect at the time of the issuance of the expired or canceled warrants, options, rights or convertible securities, with such additional adjustments as would have been made to the Conversion that Warrant Exercise Price had the expired or canceled warrants, options, rights or convertible securities not been issued.
Appears in 1 contract
Samples: Securities Purchase Agreement (Transworld Healthcare Inc)
Expiration or Change in Price. If the consideration per share provided for in any options, warrants, convertible securities warrants or any other rights to subscribe for shares of Common Stock or any securities exchangeable for or convertible into shares of Common Stock, Stock changes at any time, the applicable Conversion Price in effect at the time of such change shall be readjusted to the applicable Conversion Price which would have been in effect at such time had such options, warrants, warrants rights or convertible or exchangeable securities or other rights provided for such changed consideration per share (determined as provided in Section A.7(dA.5(g)(III) hereof), at the time initially granted, issued or sold; provided, that such adjustment of the applicable Conversion Price will be made only as and to the extent that such applicable the Conversion Price effective upon such adjustment remains less than or equal to such the Conversion Price that would be in effect if such options, warrants, rights or convertible or exchangeable securities had not been issued. No adjustment of a the Conversion Price shall be made under this Section A.7 A.5 upon the issuance of any additional shares of Common Stock which are issued pursuant to the exercise of any warrantsoptions, options warrants or other subscription or purchase rights or pursuant to the exercise of any conversion or exchange rights in any convertible or exchangeable securities if an adjustment shall previously have been made upon the issuance of such options, warrants, options rights or other rightsconvertible or exchangeable securities. Any adjustment of a the Conversion Price shall be disregarded if, as as, and when the rights to acquire shares of Common Stock upon exercise or conversion of the options, warrants, options, rights or convertible or exchangeable securities which gave rise to such adjustment expire or are canceled without having been exercised, so that the Conversion Price effective immediately upon such cancellation or expiration shall be equal to the Conversion Price in effect at the time of the issuance of the expired or canceled cancelled warrants, options, rights or convertible securities, with such additional adjustments as would have been made to the that Conversion Price had the expired or canceled cancelled warrants, options, rights or convertible securities not been issued.
Appears in 1 contract
Samples: Debenture Purchase Agreement (Datamarine International Inc)
Expiration or Change in Price. If the consideration per share provided for in any options, warrants, convertible securities options or any other rights to subscribe for shares of Common Stock or any securities exercisable or exchangeable for or convertible into shares of Common Stock, changes at any time, the applicable Conversion Price in effect at the time of such change shall be readjusted to the applicable Conversion Price which would have been in effect at such time had such options, warrants, options or convertible securities or other rights provided for such changed consideration per share (determined as provided in Section A.7(d4(g)(iii) hereof), ) at the time initially granted, issued or sold; provided, that such adjustment of the applicable Conversion Price will be made only as and to the extent that such applicable the Conversion Price effective upon such adjustment remains less than or equal to such the Conversion Price that would be in effect if such options, warrants, rights or securities had not been issued. No adjustment of a the Conversion Price shall be made under this Section A.7 4 upon the issuance of any additional shares of Common Stock which are issued pursuant to the exercise of any warrants, options or other subscription or purchase rights or pursuant to the exercise of any conversion or exchange rights in any convertible securities if an adjustment shall previously have been made upon the issuance of such warrants, options or other rights. Any adjustment of a the Conversion Price shall be disregarded if, as as, and when the rights to acquire shares of Common Stock upon exercise or conversion of the warrants, options, rights or convertible securities which gave rise to such adjustment expire or are canceled without having been exercised, so that the Conversion Price effective immediately upon such cancellation or expiration shall be equal to the Conversion Price in effect at the time of the issuance of the expired or canceled warrants, options, rights or convertible securities, with such additional adjustments as would have been made to the that Conversion Price had the expired or canceled warrants, options, rights or convertible securities not been issued.
Appears in 1 contract
Samples: Stock Purchase and Shareholders Agreement (Bsquare Corp /Wa)