Common use of Insignificant Changes Clause in Contracts

Insignificant Changes. 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 1.0% 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 ten-thousandth of a share of Common Stock of the Company or ten millionth of a share 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: Tax Benefits Preservation Rights Agreement (Impac Mortgage Holdings Inc), Tax Benefits Preservation Rights Agreement (Impac Mortgage Holdings Inc)

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Insignificant Changes. Anything herein to the contrary notwithstanding, no No adjustment in the Purchase Price shall be required unless such adjustment would require an increase or decrease of at least 1.01% in the Purchase Price; provided, however 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 of the Company or ten millionth of a other share of Preferred Stock, or security 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: Rights Agreement (Aep Industries Inc), Rights Agreement (Sunshine Heart, Inc.)

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Insignificant Changes. Anything herein to the contrary notwithstandingExcept as provided below, no adjustment in the Purchase Price shall be required unless such adjustment would require an increase or decrease of at least 1.01% in the Purchase Price; providedPROVIDED, however HOWEVER, 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 ten-thousandth of a share of Common Stock of Stock, or to the Company or ten nearest ten-millionth of a share 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(e11(d), 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 requires such adjustment adjust ment or (ii) the Expiration Date.

Appears in 1 contract

Samples: Rights Agreement (Arbor Health Care Co /De/)

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