Common use of Issuance of Warrants or Other Rights Clause in Contracts

Issuance of Warrants or Other Rights. (i) Except in connection with any Permitted Issuances, if at any time prior to the date that which is six months from the Issuance Date, the Company shall distribute to 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 Company is the surviving corporation) issue or sell, any warrants or other rights to subscribe for or purchase any shares of Common Stock or any Convertible Securities, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon the exercise of such warrants or other rights or upon conversion or exchange of such Convertible Securities shall be less than the Exercise Price, then the Warrant Exercise Price shall be adjusted to such price. No further adjustment of the Warrant Exercise Price shall be made upon the actual issue of such Common Stock or of such Convertible Securities upon exercise of such warrants or other rights or upon the actual issuance of such Common Stock upon such conversion or exchange of such Convertible Securities.

Appears in 2 contracts

Samples: Data Systems & Software Inc, Acorn Factor, Inc.

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Issuance of Warrants or Other Rights. (i) Except in connection with any Permitted Issuances, if If at any time prior to the date that which is six months from the Issuance Date, the Company Issuer shall distribute to 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 Company Issuer is the surviving corporation) issue or sell, any warrants Common Stock Equivalents (or issue any warrant or other rights to subscribe for or purchase any shares of Common Stock or any Convertible Securitiestherefor), whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon the exercise of such warrants Common Stock Equivalents (or any warrant or other rights or upon conversion or exchange of such Convertible Securities therefor) shall be less than the Exercise PriceWarrant Price in effect immediately prior to the time of such issue or sale, then the number of shares for which this Warrant Exercise is exercisable and the Warrant Price then in effect shall be adjusted to such priceas provided in Section 4(d). No further adjustment adjustments of the Warrant Exercise Price then in effect or the number of Warrant Shares for which this Warrant is exercisable shall be made upon the actual issue of such Common Stock or of such Convertible Securities Common Stock Equivalents upon exercise of such warrants or other rights or upon the actual issuance issue of such Common Stock upon such conversion or exchange of such Convertible SecuritiesCommon Stock Equivalents.

Appears in 2 contracts

Samples: Xstream Beverage Group Inc, Xstream Beverage Group Inc

Issuance of Warrants or Other Rights. (i) Except in connection with any Permitted Issuances, if If at any time prior to the date that which is six months from Issuer shall take a record of the Issuance Date, the Company shall distribute to the holders 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 Company Issuer is the surviving corporation) issue or sell, sell any warrants or other rights to subscribe for or purchase any shares of Common Stock or any Convertible Securitiesoptions, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price Warrant Consideration (hereafter defined) per share for which Common Stock is issuable upon the exercise of such warrants warrant or other rights or upon conversion or exchange of such Convertible Securities option shall be less than the Exercise PriceWarrant Price in effect immediately prior to the time of such issue or sale, then the Warrant Exercise Price then in effect immediately prior to the time of such issue or sale, shall be adjusted to the price equal to the Warrant Consideration per share for which Common Stock is issuable upon the exercise of such pricewarrant or option. No further adjustment adjustments of the Warrant Exercise Price then in effect shall be made upon the actual issue of such Common Stock or of such Convertible Securities Common Stock Equivalents upon exercise of such warrants or other rights or upon the actual issuance issue of such Common Stock upon such conversion or exchange of such Convertible SecuritiesCommon Stock Equivalents if adjustment has been previously made pursuant to this section. No adjustments of the Warrant Price shall be made under this Section 4.5 in connection with any Permitted Issuances.

Appears in 1 contract

Samples: VistaGen Therapeutics, Inc.

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Issuance of Warrants or Other Rights. (i) Except in connection with any Permitted Issuances, if at any time prior to the date that which is six months from the Issuance Date, the Company shall distribute to 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 Company is the surviving corporation) issue or sell, any warrants or other rights to subscribe for or purchase any shares of Common Stock or any Convertible Securities, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon the exercise of such warrants or other rights or upon conversion or exchange of such Convertible Securities shall be less than the Warrant Exercise PricePrice then in effect, then the Warrant Exercise Price shall be adjusted to such price. No further adjustment of the Warrant Exercise Price shall be made upon the actual issue of such Common Stock or of such Convertible Securities upon exercise of such warrants or other rights or upon the actual issuance of such Common Stock upon such conversion or exchange of such Convertible Securities.

Appears in 1 contract

Samples: Acorn Factor, Inc.

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