Insignificant Changes. No adjustment in the Purchase Price shall be required unless such adjustment would require an increase or decrease of at least 1% in the Purchase Price; provided, however, that any adjustments which by reason of this Section 11(e) are not required to be made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 11 shall be made to the nearest cent or to the nearest one ten-thousandth of a share of Preferred Stock or the nearest one-thousandth of a share of Common Stock or other share or security as the case may be. Notwithstanding the first sentence of this Section 11(e), any adjustment required by this Section 11 shall be made no later than the earlier of (i) three years from the date of the transaction which mandates such adjustment or (ii) the Expiration Date.
Appears in 2 contracts
Samples: Rights Agreement (Aep Industries Inc), Rights Agreement (Sunshine Heart, Inc.)
Insignificant Changes. No adjustment in the Purchase Price shall be required unless such adjustment would require an increase or decrease of at least one percent (1% %) in the Purchase Price; provided, however, that any . Any adjustments which by reason of this Section 11(e) 11.5 are not required to be made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 11 shall be made to the nearest cent or to the nearest one tenone-hundred thousandth of a share of Preferred Stock Share or the nearest one-thousandth of a share of Common Stock Share or other share or security security, as the case may be. Notwithstanding the first sentence of this Section 11(e)11.5, any adjustment required by this Section 11 shall be made no later than the earlier of (i) three years from the date of the transaction which mandates such adjustment or (ii) the Expiration Date.
Appears in 2 contracts
Samples: Rights Agreement (Pericom Semiconductor Corp), Rights Agreement (Pericom Semiconductor Corp)
Insignificant Changes. No Anything herein to the contrary notwithstanding, no adjustment in the Purchase Price shall be required unless such adjustment would require an increase or decrease of at least 11.0% in the Purchase Price; provided, howeverhowever , that any adjustments which by reason of this Section 11(e) are not required to be made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 11 shall be made to the nearest cent or to the nearest one ten-thousandth of a share of Preferred Stock or the nearest one-thousandth of a share of Common Stock of the Company or other ten millionth of a share or security of Preferred Stock, as the case may be, or to such other figure as the Board of Directors may deem appropriate. Notwithstanding the first sentence of this Section 11(e), any adjustment required by this Section 11 shall be made no later than the earlier of (i) three (3) years from the date of the transaction which mandates such adjustment or (ii) the Expiration Date.
Appears in 2 contracts
Samples: Benefits Preservation Rights Agreement (Impac Mortgage Holdings Inc), Benefits Preservation Rights Agreement (Impac Mortgage Holdings Inc)
Insignificant Changes. No adjustment in the Purchase Price shall be required unless such adjustment would require an increase or decrease of at least 1% in the Purchase Price; provided, however, that any adjustments which by reason of this Section 11(e) are not required to be made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 11 shall be made to the nearest cent or to the nearest one ten-thousandth of a share of Preferred Stock or the nearest one-thousandth hundredth of a share of Common Stock or other share or security as the case may be. Notwithstanding the first sentence of this Section 11(e), any adjustment required by this Section 11 shall be made no later than the earlier of (i) (3) three years from the date of the transaction which mandates such adjustment or (ii) the Expiration Date.
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Insignificant Changes. No adjustment in the Purchase Price shall be required unless such adjustment would require an increase or decrease of at least 1% in the Purchase Price; provided, however, that any adjustments which by reason of this Section 11(e) are not required to be made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 11 shall be made to the nearest cent or to the nearest one ten-thousandth of a share of Preferred Stock or the nearest one-thousandth of a share of Common Stock or other share or security as the case may be. Notwithstanding the first sentence of this Section 11(e), any adjustment required by this Section 11 shall be made no later than the earlier of (i) (3) three years from the date of the transaction which mandates such adjustment or (ii) the Expiration Date.
Appears in 1 contract
Insignificant Changes. No adjustment in the Purchase Price shall be required unless such adjustment would require an increase or decrease of at least 1% in the Purchase Price; provided, however, that any . Any adjustments which by reason of this Section 11(e) 11.5 are not required to be made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 11 shall be made to the nearest cent or to the nearest one tenone-hundred thousandth of a share of Preferred Stock or the nearest one-hundred thousandth of a share of Common Stock or other share or security security, as the case may be. Notwithstanding the first sentence of this Section 11(e)11.5, any adjustment required by this Section 11 shall be made no later than the earlier of (i) three years from the date of the transaction which mandates requires such adjustment or (ii) the Expiration Datedate of the expiration of the right to exercise any Rights.
Appears in 1 contract
Samples: Tax Benefit Preservation Plan (Leap Wireless International Inc)
Insignificant Changes. No Except as provided below, no adjustment in the Purchase Price shall be required unless such adjustment would require an increase or decrease of at least 1% in the Purchase Price; providedPROVIDED, howeverHOWEVER, that any adjustments which by reason of this Section 11(e11(d) are not required to be made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 11 shall be made to the nearest cent or cent, to the nearest one ten-thousandth of a share of Preferred Stock Common Stock, or to the nearest oneten-thousandth millionth of a share of Common Stock or other share or security Preferred Stock, as the case may be. Notwithstanding the first sentence of this Section 11(e11(d), any adjustment required by this Section 11 shall be made no later than the earlier of (i) three years from the date of the transaction which mandates requires such adjustment adjust ment or (ii) the Expiration Date.
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