Common use of Issuance of Common Stock Equivalents Clause in Contracts

Issuance of Common Stock Equivalents. (i) If at any time while this Warrant is outstanding the Company shall issue or sell any warrants or other rights to subscribe for or purchase any additional shares of Common Stock or any securities convertible into shares of Common Stock (other than the Additional Shares) (collectively, "COMMON STOCK EQUIVALENTS"), whether or not the rights to exchange or convert thereunder are immediately exercisable, and the effective price per share for which Common Stock is issuable upon the exercise, exchange or conversion of such Common Stock Equivalents shall be less than the Exercise Price in effect immediately prior to the time of such issue or sale, then the Exercise Price shall be adjusted as provided in Section 3(c) on the basis that the maximum number of additional shares of Common Stock issuable pursuant to all such Common Stock Equivalents shall be deemed to have been issued and outstanding and the Company shall have received all of the consideration payable therefor, if any, as of the date of the actual issuance of such Common Stock Equivalents. No further adjustments to the current Warrant Price shall be made under this Section 3(d) upon the actual issue of such Common Stock upon the exercise, conversion or exchange of such Common Stock Equivalents.

Appears in 12 contracts

Samples: Warrant (Adventrx Pharmaceuticals Inc), Warrant (Adventrx Pharmaceuticals Inc), Adventrx Pharmaceuticals Inc

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Issuance of Common Stock Equivalents. (i) If at any time while this Warrant the Issuer shall take a record of the Holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Issuer is outstanding the Company shall surviving corporation) issue or sell sell, any warrants or other rights to subscribe for or purchase any additional shares of Common Stock or any securities convertible into shares of Common Stock (other than the Additional Shares) (collectively, "COMMON STOCK EQUIVALENTS")Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the effective price per share for which Common Stock is issuable upon the exercise, such conversion or exchange or conversion of such Common Stock Equivalents shall be less than the Exercise Warrant Price in effect immediately prior to the time of such issue or sale, then the Exercise number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be adjusted as provided in Section 3(c4(d) on the basis that the maximum number of additional shares Additional Shares of Common Stock issuable pursuant necessary to effect the conversion or exchange of all such Common Stock Equivalents shall be deemed to have been issued and outstanding and the Company Issuer shall have received all of the consideration payable therefor, if any, as of the date of the actual issuance of such Common Stock Equivalents. No further adjustments to of the current number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made under this Section 3(d) upon the actual issue of such Common Stock upon the exercise, conversion or exchange of such Common Stock Equivalents.

Appears in 6 contracts

Samples: Medix Resources Inc, Analytical Surveys Inc, Analytical Surveys Inc

Issuance of Common Stock Equivalents. (iI) If at any time while this Warrant is outstanding the Company shall issue or sell any warrants or other rights to subscribe for or purchase any additional shares of Common Stock or any securities convertible into shares of Common Stock (other than the Additional Shares) (collectively, "COMMON STOCK EQUIVALENTS"), whether or not the rights to exchange or convert thereunder are immediately exercisable, and the effective price per share for which Common Stock is issuable upon the exercise, exchange or conversion of such Common Stock Equivalents shall be less than the Exercise Price in effect immediately prior to the time of such issue or sale, then the Exercise Price shall be adjusted as provided in Section 3(c) on the basis that the maximum number of additional shares of Common Stock issuable pursuant to all such Common Stock Equivalents shall be deemed to have been issued and outstanding and the Company shall have received all of the consideration payable therefor, if any, as of the date of the actual issuance of such Common Stock Equivalents. No further adjustments to the current Warrant Price shall be made under this Section 3(d) upon the actual issue of such Common Stock upon the exercise, conversion or exchange of such Common Stock Equivalents.

Appears in 6 contracts

Samples: Purchase Agreement (Adventrx Pharmaceuticals Inc), Purchase Agreement (Adventrx Pharmaceuticals Inc), Purchase Agreement (Adventrx Pharmaceuticals Inc)

Issuance of Common Stock Equivalents. (i) If at any time while this Warrant is outstanding the Company shall issue or sell any warrants or other rights to subscribe for or purchase any additional shares of Common Stock or any securities convertible into shares of Common Stock (other than the Additional SharesShares of Common Stock) (collectively, "COMMON STOCK EQUIVALENTSCommon Stock Equivalents"), whether or not the rights to exchange or convert thereunder are immediately exercisable, and the effective price per share for which Common Stock is issuable upon the exercise, exchange or conversion of such Common Stock Equivalents shall be less than the Exercise Current Warrant Price in effect immediately prior to the time of such issue or sale, then the Exercise number of shares of Warrant Stock acquirable upon the exercise of this Warrant and the Current Warrant Price shall be adjusted as provided in Section 3(c) 4.3 on the basis that the maximum number of additional shares of Common Stock issuable pursuant to all such Common Stock Equivalents shall be deemed to have been issued and outstanding and the Company shall have received all of the consideration payable therefor, if any, as of the date of the actual issuance of such Common Stock Equivalents. No further adjustments to the current Warrant Price shall be made under this Section 3(d) 4.4 upon the actual issue of such Common Stock upon the exercise, conversion or exchange of such Common Stock Equivalents.

Appears in 5 contracts

Samples: Note Purchase Agreement (National Coal Corp), Warrant Purchase Agreement (National Coal Corp), National Coal Corp

Issuance of Common Stock Equivalents. (i) If at any time while this Warrant is outstanding the Company shall issue or sell sell, on or after the first date that is more than six months after the Closing Date, any warrants or other rights to subscribe for or purchase any additional shares Additional Shares of Common Stock or any securities convertible into shares of Common Stock (other than the Additional Shares) (collectively, "COMMON STOCK EQUIVALENTS"“Common Stock Equivalents”), whether or not the rights to exchange or convert thereunder are immediately exercisable, and the effective price per share for which Common Stock is issuable upon the exercise, exchange or conversion of such Common Stock Equivalents shall be less than the Exercise Current Warrant Price in effect immediately prior to the time of such issue or sale, then then, if this Warrant is outstanding, the Exercise number of shares of Warrant Stock acquirable upon the exercise of this Warrant and the Current Warrant Price shall be adjusted as provided in Section 3(c) 4.3 on the basis that the maximum number of additional shares of Common Stock issuable pursuant to all such Common Stock Equivalents shall be deemed to have been issued and outstanding and the Company shall have received all of the consideration payable therefor, if any, as of the date of the actual issuance of such Common Stock Equivalents. No further adjustments to the current Current Warrant Price shall be made under this Section 3(d) 4.4 upon the actual issue of such Common Stock upon the exercise, conversion or exchange of such Common Stock Equivalents.

Appears in 3 contracts

Samples: Common Stock Purchase (Transmeridian Exploration Inc), Common Stock Purchase (Transmeridian Exploration Inc), Transmeridian Exploration Inc

Issuance of Common Stock Equivalents. (i) If at any time while this Warrant is outstanding the Company shall issue or sell any warrants or other rights to subscribe for or purchase any additional shares Additional Shares of Common Stock or any securities exchangeable or convertible into shares Additional Shares of Common Stock (other than the Additional Shares) (collectively, "COMMON STOCK EQUIVALENTS"“Common Stock Equivalents”), whether or not the rights to exchange or convert thereunder are immediately exercisable, and the effective price per share for which Common Stock is issuable upon the exercise, exchange or conversion of such Common Stock Equivalents shall be less than the Exercise Current Warrant Price in effect immediately prior to the time of such issue or sale, then the Exercise Current Warrant Price shall be adjusted as provided in Section 3(c) 4.3 on the basis that the maximum number of additional shares Additional Shares of Common Stock issuable pursuant to all such Common Stock Equivalents shall be deemed to have been issued and outstanding and the Company shall have received all of the consideration payable therefor, if any, as of the date of the actual issuance of such Common Stock Equivalents. No further adjustments to the current Warrant Price shall be made under this Section 3(d) 4.4 upon the actual issue of such Common Stock upon the exercise, conversion or exchange of such Common Stock Equivalents.

Appears in 2 contracts

Samples: Boston Life Sciences Inc /De, Boston Life Sciences Inc /De

Issuance of Common Stock Equivalents. (i) If at any time while this Warrant is outstanding the Company Issuer shall issue or sell any warrants or other rights to subscribe for or purchase any additional shares of Common Stock or any securities convertible into shares of Common Stock (other than the Additional Shares) (collectively, "COMMON STOCK EQUIVALENTS")Equivalents, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the effective aggregate price per share for which Common Stock is issuable upon such conversion or exchange plus the exercise, exchange or conversion consideration received by the Issuer for issuance of such Common Stock Equivalents Equivalent divided by the number of shares of Common Stock issuable pursuant to such Common Stock Equivalent shall be less than the Exercise Warrant Price in effect immediately prior to the time of such issue or sale, then the Exercise number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be adjusted as provided in Section 3(c4(d) on the basis that the maximum number of additional shares Additional Shares of Common Stock issuable pursuant necessary to effect the conversion or exchange of all such Common Stock Equivalents shall be deemed to have been issued and outstanding and the Company Issuer shall have received all of the consideration payable therefor, if any, as of the date of the actual issuance of such Common Stock Equivalents. No further adjustments to adjustment of the current number of shares of Common Stock for which this Warrant is exercisable and the Warrant Price then in effect shall be made under this Section 3(d) upon the actual issue of such Common Stock upon the exercise, conversion or exchange of such Common Stock Equivalents.this

Appears in 1 contract

Samples: Satcon Technology Corp

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Issuance of Common Stock Equivalents. (i) If at any time while this Warrant is outstanding the Company shall issue or sell any warrants or other rights to subscribe for or purchase any additional shares of Common Stock or any securities convertible into shares of Common Stock (other than the Additional Shares) (collectively, "COMMON STOCK EQUIVALENTSCommon Stock Equivalents"), whether or not the rights to exchange or convert thereunder are immediately exercisable, and the effective price per share for which Common Stock is issuable upon the exercise, exchange or conversion of such Common Stock Equivalents shall be less than the Exercise Current Warrant Price in effect immediately prior to the time of such issue or sale, then the Exercise number of shares of Warrant Stock acquirable upon the exercise of this Warrant and the Current Warrant Price shall be adjusted as provided in Section 3(c) 4.3 on the basis that the maximum number of additional shares of Common Stock issuable pursuant to all such Common Stock Equivalents shall be deemed to have been issued and outstanding and the Company shall have received all of the consideration payable therefor, if any, as of the date of the actual issuance of such Common Stock Equivalents. No further adjustments to the current Warrant Price shall be made under this Section 3(d) 4.4 upon the actual issue of such Common Stock upon the exercise, conversion or exchange of such Common Stock Equivalents.

Appears in 1 contract

Samples: Transmeridian Exploration Inc

Issuance of Common Stock Equivalents. (i) If at any time while this Warrant is outstanding the Company shall issue or sell any warrants or other rights to subscribe for or purchase any additional shares of Common Stock or any securities convertible into shares of Common Stock (other than the Additional Shares) (collectively, o "COMMON STOCK EQUIVALENTS"), whether or not the rights to exchange or convert thereunder are immediately exercisable, and the effective price per share for which Common Stock is issuable upon the exercise, exchange or conversion of such Common Stock Equivalents shall be less than the Exercise Price in effect immediately prior to the time of such issue or sale, then the Exercise Price shall be adjusted as provided in Section 3(c) on the basis that the maximum number of additional shares of Common Stock issuable pursuant to all such Common Stock Equivalents shall be deemed to have been issued and outstanding and the Company shall have received all of the consideration payable therefor, if any, as of the date of the actual issuance of such Common Stock Equivalents. No further adjustments to the current Warrant Price shall be made under this Section 3(d) upon the actual issue of such Common Stock upon the exercise, conversion or exchange of such Common Stock Equivalents.

Appears in 1 contract

Samples: Adventrx Pharmaceuticals Inc

Issuance of Common Stock Equivalents. (i) If If, at any time while this Warrant is outstanding outstanding, the Company shall issue or sell any warrants or other rights to subscribe for or purchase any additional shares Additional Shares of Common Stock or any securities exchangeable or convertible into shares Additional Shares of Common Stock (other than the Additional Shares) (collectively, "COMMON STOCK EQUIVALENTS"“Common Stock Equivalents”), whether or not the rights to exchange or convert thereunder are immediately exercisable, and the effective price per share for which Common Stock is issuable upon the exercise, exchange or conversion of such Common Stock Equivalents shall be less than the Exercise Current Warrant Price in effect immediately prior to the time of such issue or sale, then the Exercise Current Warrant Price and number of shares of Warrant Stock shall be adjusted as provided in Section 3(c) 4.3 on the basis that the maximum number of additional shares of Common Stock issuable pursuant to all such Common Stock Equivalents shall be deemed to have been issued and outstanding and the Company shall have received all of the consideration payable therefor, if any, as of the date of the actual issuance of such the Common Stock Equivalents. . No further adjustments to the current Current Warrant Price and number of shares of Warrant Stock shall be made under this Section 3(d) 4.4 upon the actual issue of such Common Stock upon the exercise, conversion or exchange of such Common Stock Equivalents.

Appears in 1 contract

Samples: Adera Mines LTD

Issuance of Common Stock Equivalents. (i) If at any time while this Warrant is outstanding the Company shall issue or sell sell, on or prior to the twelve month anniversary of the Effective Date, any warrants or other rights to subscribe for or purchase any additional shares of Common Stock or any securities convertible into shares of Common Stock (other than the Additional Shares) (collectively, "COMMON STOCK EQUIVALENTSCommon Stock Equivalents"), whether or not the rights to exchange or convert thereunder are immediately exercisable, and the effective price per share for which Common Stock is issuable upon the exercise, exchange or conversion of such Common Stock Equivalents shall be less than the Exercise Per Share Purchase Price in effect immediately prior to the time of such issue or sale, then the Exercise number of additional shares of Common Stock to be issued and the Per Share Purchase Price shall be adjusted as provided in Section 3(c) 6.1 on the basis that the maximum number of additional shares of Common Stock issuable pursuant to all such Common Stock Equivalents shall be deemed to have been issued and outstanding and the Company shall have received all of the consideration payable therefor, if any, as of the date of the actual issuance of such Common Stock Equivalents. No further adjustments to the current Warrant Price shall be made under this Section 3(d) 6.2 upon the actual issue of such Common Stock upon the exercise, conversion or exchange of such Common Stock Equivalents.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Electric & Gas Technology Inc)

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