Issuance of Rights or Options. If subsequent to the date --------------------------------- hereof the Company in any manner grants or sells any Options and the lowest price per share for which any one share of Common Stock is issuable upon the exercise of any such Option, or upon conversion or exchange of any Convertible Security issuable upon exercise of such Option, is less than the Exercise Price in effect immediately prior to the time of the granting or sale of such Option, then such share of Common Stock shall be deemed to have been issued and sold by the Company at such time for such price per share. For purposes of this paragraph, the "lowest price per share for which any one share of Common Stock is issuable" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion or exchange of the Convertible Security. No further adjustment of the Exercise Price shall be made upon the actual issue of such Common Stock or of such Convertible Security upon the exercise of such Options or upon the actual issue of such Common Stock upon conversion or exchange of such Convertible Security.
Appears in 3 contracts
Samples: Purchase Agreement (Pointe Communications Corp), Pointe Communications Corporation Note and Warrant Purchase Agreement (Pointe Communications Corp), Purchase Agreement (Pointe Communications Corp)
Issuance of Rights or Options. If subsequent to the date --------------------------------- hereof the Company in any manner grants or sells any Options options to purchase Shares or Convertible Securities ("Options") and the lowest price per share for which any one share of Common Stock Share is issuable upon the exercise of any such Option, or upon conversion or exchange of any Convertible Security issuable upon exercise of such Option, is less than the Exercise Price in effect immediately prior to the time of the granting or sale of such Option, then such share of Common Stock Share shall be deemed to have been issued and sold by the Company at such time for such price per share. For purposes of this paragraph, the "lowest price per share for which any one share of Common Stock Share is issuable" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Stock Share upon the granting or sale of the Option, upon exercise of the Option and upon conversion or exchange of the Convertible Security. No further adjustment of the Exercise Price shall be made upon the actual issue of such Common Stock Shares or of such Convertible Security Securities upon the exercise of such Options or upon the actual issue of such Common Stock Shares upon conversion or exchange of such Convertible SecuritySecurities.
Appears in 2 contracts
Samples: Contribution Agreement (E Sync Networks Inc), CRC Inc
Issuance of Rights or Options. If subsequent to the date --------------------------------- ------------------------------ hereof the Company in any manner grants or sells any Options and the lowest price per share for which any one share of Common Stock is issuable upon the exercise of any such Option, or upon conversion or exchange of any Convertible Security issuable upon exercise of such Option, is less than the Exercise Price in effect immediately prior to the time of the granting or sale of such Option, then such share of Common Stock shall be deemed to have been issued and sold by the Company at such time for such price per share. For purposes of this paragraph, the "lowest price per share for which any one share of Common Stock is issuable" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion or exchange of the Convertible Security. No further adjustment of the Exercise Price shall be made upon the actual issue of such Common Stock or of such Convertible Security upon the exercise of such Options or upon the actual issue of such Common Stock upon conversion or exchange of such Convertible Security.
Appears in 1 contract
Issuance of Rights or Options. If subsequent to the date --------------------------------- hereof the Company in any manner grants or sells any Options options to purchase Shares or Convertible Securities ("OPTIONS") and the lowest price per share for which any one share of Common Stock Share is issuable upon the exercise of any such Option, or upon conversion or exchange of any Convertible Security issuable upon exercise of such Option, is less than the Exercise Price in effect immediately prior to the time of the granting or sale of such Option, then such share of Common Stock Share shall be deemed to have been issued and sold by the Company at such time for such price per share. For purposes of this paragraph, the "lowest price per share for which any one share of Common Stock Share is issuable" shall be equal to the sum of the lowest amounts of consideration (if any) received or receivable by the Company with respect to any one share of Common Stock Share upon the granting or sale of the Option, upon exercise of the Option and upon conversion or exchange of the Convertible Security. No further adjustment of the Exercise Price shall be made upon the actual issue of such Common Stock Shares or of such Convertible Security Securities upon the exercise of such Options or upon the actual issue of such Common Stock Shares upon conversion or exchange of such Convertible SecuritySecurities.
Appears in 1 contract
Samples: E Sync Networks Inc
Issuance of Rights or Options. If subsequent to the date --------------------------------- hereof the Company in any manner grants or sells any Options and the lowest price per share for which any one share of Common Stock is issuable upon the exercise of any such Option, or upon conversion or exchange of any Convertible Security issuable upon exercise of such Option, is less than the Exercise Price in effect immediately prior to the time of the granting or sale of such OptionPer Share Price, then such share of Common Stock (but only such share or shares at the "lowest price per share for which any one share of Common Stock is issuable") shall be deemed to be outstanding and to have been issued and sold by the Company at such time for such lower price per share. For purposes of this paragraph, the "lowest price per share for which any one share of Common Stock is issuable" shall be equal to the sum of the lowest amounts amount of consideration (if any) received paid or receivable payable by the Company option holder with respect to any one share of Common Stock upon the granting or sale of the Option, upon exercise of the Option and upon conversion or exchange of the Convertible Security. No further adjustment of the Exercise Price shall be made upon the actual issue of such Common Stock or of such Convertible Security upon the exercise of such Options or upon the actual issue of such Common Stock upon conversion or exchange of such Convertible Security.
Appears in 1 contract
Samples: Omrix Biopharmaceuticals, Inc.