Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3(c)(ii), (iv) or (v)), without consideration or for a consideration per share less than the Average Market Price in effect immediately prior to such issue or sale, then, and in each such case, the Conversion Price shall be reduced, to a price determined by multiplying such Conversion Price by a fraction
Appears in 3 contracts
Samples: Restructure Agreement (NTN Communications Inc), NTN Communications Inc, Paradise Music & Entertainment Inc
Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof Closing Date, the Company shall issue or sell Additional Shares any shares of its Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3(c)(ii), (iv) or (v)), without consideration or for a consideration per share less than the Average Current Market Price, then the Purchase Price upon each such issuance shall be adjusted to that price determined by multiplying the per share Purchase Price in effect immediately prior to such issue or sale, then, and in each such case, the Conversion Price shall be reduced, to a price determined by multiplying such Conversion Price event by a fraction:
Appears in 3 contracts
Samples: Warrant Purchase Agreement (Parallel Petroleum Corp), Parallel Petroleum Corp, Parallel Petroleum Corp
Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3(c)(ii), (ivsection 2.4 or 2.5) or (v)), without consideration or for a consideration per share less than the Average Market Price in effect immediately prior to such issue or saleDilutive Basis, then, and in each such case, the Conversion such Warrant Price shall be reduced, concurrently with such issue or sale, to a price the lower of the prices (calculated to the nearest cent) determined by multiplying such Conversion Price by a fractionas follows:
Appears in 3 contracts
Samples: Warrant Purchase Agreement (Allis Chalmers Corp), Warrant Purchase Agreement (Allis Chalmers Corp), Quest Resource Corp
Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3(c)(ii), (ivas defined below) or (v)), without consideration or for a consideration per share less than the Average Current Market Price in effect immediately prior to such issue or sale, then, and in each such case, the Conversion subject to Section 3.g hereof, such Warrant Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Conversion Warrant Price by a fraction:
Appears in 2 contracts
Samples: Precision Optics Corporation Inc, Precision Optics Corporation Inc
Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3(c)(ii), (iv3.3 or 3.4) or (v)), without consideration or for a consideration per share less than the Average Current Market Price in effect immediately prior to such issue or sale, then, and in each such case, subject to Section 3.8, the Conversion Price Warrant Quantity shall be reducedincreased, concurrently with such issue or sale, to a price an amount determined by multiplying such Conversion Price Warrant Quantity by a fraction
Appears in 2 contracts
Samples: Northland Cranberries Inc /Wi/, Northland Cranberries Inc /Wi/
Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3(c)(ii), (iv) 3.3 or (v)3.4 but excluding Additional Shares of Common Stock purchasable upon exercise of Rights referred to in Section 3.10), without consideration or for a consideration per share less than the Average Market Price as in effect immediately prior to such issue or sale, then, and in each such case, the Conversion Price shall be reduced, to a price determined by multiplying such Conversion Price by a fractionsubject to
Appears in 2 contracts
Samples: Paradise Music & Entertainment Inc, Paradise Music & Entertainment Inc
Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3(c)(ii), (iv1.7.2 or 1.7.3) or (v)), without consideration or for a consideration per share less than the Average Market Conversion Price in effect immediately prior to such issue or sale, then, and in each such case, the Conversion Price shall be reduced, to a price determined by multiplying such Conversion Price by a fraction,
Appears in 1 contract
Samples: Shareholders Agreement (Universal American Financial Corp)
Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3(c)(ii), (ivsection 2.3 or 2.4) or (v)), without consideration or for a consideration per share less than the Average Market Warrant Price in effect immediately prior to such issue or sale, then, and in each such case, the Conversion subject to section 2.8, such Warrant Price shall be reduced, concurrently with such issue or sale, to a price determined by multiplying (calculated to the nearest .001 of a cent) equal to the consideration per share paid for such Conversion Price by a fractionAdditional Shares of Common Stock.
Appears in 1 contract
Samples: Wand Nestor Investments L P Et Al
Issuance of Additional Shares of Common Stock. In case the Company Corporation at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (Stock, including Additional Shares of Common Stock deemed to be issued pursuant to Section 3(c)(ii), (iv) or (v)), without consideration or for a consideration per share less than the Average Market Conversion Price which would have been in effect immediately prior to such issue issuance or sale, then, and in each such case, the Conversion Price shall be reduced, to a price determined by multiplying such Conversion Price by a fraction
Appears in 1 contract
Samples: Exchange Agreement (Insignia Financial Group Inc /De/)
Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to Section 3(c)(ii), (iv3.3 or Section 3.4) or (v)), without consideration or for a consideration per share less than the Average greater of the Current Market Price in effect and the Purchase Price immediately prior to such issue or sale, then, and in each such case, the Conversion Price shall be reduced, to a price determined by multiplying such Conversion Price by a fractionsuch
Appears in 1 contract
Samples: Kerr Group Inc