Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 62 contracts
Samples: Credit Agreement (American Apparel, Inc), Escrow Agreement (Bond Laboratories, Inc.), Warrant Purchase Agreement (Bioforce Nanosciences Holdings, Inc.)
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.
Appears in 42 contracts
Samples: Note and Warrant Purchase Agreement (Apollo Resources International Inc), Datalogic International Inc, Quest Oil Corp
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Issuance Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.
Appears in 19 contracts
Samples: Ambient Corp /Ny, Ambient Corp /Ny, Ambient Corp /Ny
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.
Appears in 13 contracts
Samples: Hienergy Technologies Inc, Hienergy Technologies Inc, Systems Evolution Inc
Issuance of Additional Shares of Common Stock. (i) In If the event the Issuer shall Issuer, at any time following the Original Issue Date while this Warrant is outstanding, shall issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or less than the Per Share Market Value then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price (rounded to the nearest cent) determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 12 contracts
Samples: Registration Rights Agreement (Ip Voice Com Inc), Securities Purchase Agreement (Ip Voice Com Inc), Common Stock Purchase Agreement (DBS Industries Inc)
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.
Appears in 8 contracts
Samples: Health Sciences Group Inc, Valcent Products Inc., Voyant International CORP
Issuance of Additional Shares of Common Stock. (i) In For the period commencing on the Original Issue Date and ending on the two (2) year anniversary of the Original Issue Date, in the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.
Appears in 7 contracts
Samples: National Realty & Mortgage Inc, National Realty & Mortgage Inc, National Realty & Mortgage Inc
Issuance of Additional Shares of Common Stock. (i) In If the event the Issuer shall Issuer, at any time following the Original Issue Date while this Warrant is outstanding, shall issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price (rounded to the nearest cent) determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 6 contracts
Samples: JLM Industries Inc, Purchase Agreement (JLM Industries Inc), Purchase Agreement (Sassower Philip S)
Issuance of Additional Shares of Common Stock. (i) In Commencing on the Original Issue Date and for a period of one (1) year thereafter, in the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.
Appears in 5 contracts
Samples: Advanced Growing Systems, Inc., Advanced Growing Systems, Inc., BPO Management Services
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect $.60 or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.
Appears in 4 contracts
Samples: Trading Solutions Com Inc, Chembio Diagnostics, Inc., Chembio Diagnostics Inc.
Issuance of Additional Shares of Common Stock. (i) In If the event the Issuer shall Issuer, at any time following the Original Issue Date while this Warrant is outstanding, shall issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price Per Share Market Value then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price (rounded to the nearest cent) determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 4 contracts
Samples: Securities Purchase Agreement (Team Communication Group Inc), Securities Purchase Agreement (Team Communication Group Inc), Team Communication Group Inc
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the six month anniversary of the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 4 contracts
Samples: Fibernet Telecom Group Inc\, Fibernet Telecom Group Inc\, Fibernet Telecom Group Inc\
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 4 contracts
Samples: Rx Staffing, Inc., Jpak Group, Inc., Rx Staffing, Inc.
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), 4 and other than Permitted Issuances) at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 4 contracts
Issuance of Additional Shares of Common Stock. (i) In Commencing on the Original Issue Date and for a period of one (1) year thereafter, in the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.
Appears in 4 contracts
Samples: Rx Staffing, Inc., Jpak Group, Inc., Communication Intelligence Corp
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date through the first anniversary thereof, issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.
Appears in 3 contracts
Samples: Urigen Pharmaceuticals, Inc., Urigen Pharmaceuticals, Inc., Urigen Pharmaceuticals, Inc.
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.
Appears in 3 contracts
Samples: Advanced Growing Systems, Inc., Advanced Growing Systems, Inc., Advanced Growing Systems, Inc.
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect Per Share Market Value on the date of such issuance or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 3 contracts
Samples: VisualMED Clinical Solutions Corp., VisualMED Clinical Solutions Corp., VisualMED Clinical Solutions Corp.
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall shall, at any time following the Original Issue Date Date, issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.
Appears in 2 contracts
Samples: Health Sciences Group Inc, Health Sciences Group Inc
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4, and other than Permitted Issuances), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.
Appears in 2 contracts
Samples: Nexaira Wireless Inc., Valcent Products Inc.
Issuance of Additional Shares of Common Stock. (i) In If the event the Issuer shall Issuer, at any time following the Original Issue Date while this Warrant is outstanding, shall issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 45), at a price per share less than the Warrant Current Market Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price (rounded to the nearest cent) determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 2 contracts
Samples: Corrections Corp of America, Corrections Corp of America
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 2 contracts
Samples: Saflink Corp, Vialink Co
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time within one (1) year following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 2 contracts
Samples: Health Sciences Group Inc, Health Sciences Group Inc
Issuance of Additional Shares of Common Stock. (i) In If the event the Issuer shall Issuer, at any time following the Original Issue Date while this Warrant is outstanding, shall issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 2 contracts
Samples: Wire One Technologies Inc, Advanced Viral Research Corp
Issuance of Additional Shares of Common Stock. (i) i. In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 2 contracts
Samples: Securities Purchase Agreement (OVERSTOCK.COM, Inc), Securities Purchase Agreement (OVERSTOCK.COM, Inc)
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Issuance Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to the price equal to the consideration per share paid for such Additional Shares of Common Stock; provided, however, that price determined by multiplying no such adjustment shall be made upon the Warrant Price then in effect by a fraction:issuance of up to $6,000,000 of such Additional Shares of Common Stock.
Appears in 2 contracts
Samples: Max Sound Corp, Max Sound Corp
Issuance of Additional Shares of Common Stock. (i) In Subject to the first paragraph of Section 4 hereof, in the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 2 contracts
Samples: Fibernet Telecom Group Inc\, Fibernet Telecom Group Inc\
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price (rounded to the nearest cent) determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 1 contract
Samples: Wits Basin Precious Minerals Inc
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date through and including the completion of a Qualified Financing issue any Additional Shares of Common Stock in a transaction that does not include warrants (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 1 contract
Samples: Dirt Motor Sports, Inc.
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Eden Energy Corp)
Issuance of Additional Shares of Common Stock. (i) In If the event the Issuer shall Issuer, at any time following the Original Issue Date while this Warrant is outstanding, shall issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through and (cb) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price (rounded to the nearest cent) determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 1 contract
Samples: Starbase Corp
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 1 contract
Samples: Newport International Group Inc
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock. In no event shall the adjusted price of the Warrants be lower than $1.35.
Appears in 1 contract
Samples: Avicena Group, Inc.
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Issuance Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect most recent price paid for Common Stock under the Purchase Agreement or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.
Appears in 1 contract
Samples: Cyclone Power Technologies Inc
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date date of the Purchase Agreement issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 1 contract
Samples: Dirt Motor Sports, Inc.
Issuance of Additional Shares of Common Stock. (i) 4.4.1 In the event the Issuer shall at any time following the Original Issue Date Date, issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 44.1, Section 4.2, or Section 4.3), at a price per share less than the Warrant Price then in effect or without considerationconsideration (other than a Permitted Issuance (as defined below)), then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.
Appears in 1 contract
Samples: VistaGen Therapeutics, Inc.
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following after the Original Issue Delivery Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 1 contract
Samples: Cytomedix Inc
Issuance of Additional Shares of Common Stock. (i) In n the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 1 contract
Samples: Raptor Networks Technology Inc
Issuance of Additional Shares of Common Stock. (i) In Subject to Section 7(c) hereof, in the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 1 contract
Samples: Fibernet Telecom Group Inc\
Issuance of Additional Shares of Common Stock. (i) In Subject to the third sentence of the first paragraph of Section 4 hereof, in the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:
Appears in 1 contract
Samples: Glowpoint Inc
Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.
Appears in 1 contract
Samples: National Realty & Mortgage Inc