Common use of Issuance on Common Stock of Options, Warrants or Rights Clause in Contracts

Issuance on Common Stock of Options, Warrants or Rights. If at any time while this Warrant is outstanding the Company shall grant to all holders of its Common Stock any rights, options or warrants (referred to in this Section 4.4 as "Rights") entitling them to purchase shares of Common Stock at a price per share that is lower at the record date for such issuance than the Fair Market Value of the Common Stock on such date determined in accordance with Section 1.8, the number of Shares of Common Stock that may be purchased hereunder shall be determined by multiplying the number of Shares of Common Stock theretofore purchasable upon exercise of each Warrant by a fraction of which the numerator shall be the number of shares of Common Stock outstanding or subject to issuance at prices at or below the Fair Market Value of the Common Stock on such record date (the "Existing Stock") plus the number of shares subject to issuance pursuant to the Rights and of which the denominator shall be the number of shares of Existing Stock plus the number of shares which the aggregate offering price of the total number of shares of Common Stock so offered would purchase at the then current Fair Market Value per share of Common Stock. Such adjustment shall be made whenever such rights, options or warrants are issued and shall become effective retroactively immediately after the record date for the determination of shareholders entitled to On the expiration or termination of any of the Rights, the number of shares of Common Stock then purchasable upon the exercise of each Warrant and the exercise price then in effect shall be subject to readjustment and the number of shares of Common Stock subject to the Warrants shall forthwith be decreased and the exercise price under the Warrants shall forthwith be increased to that which would have been in effect at the time of such expiration or termination had such Rights, to the extent outstanding immediately prior to such expiration or termination, never been issued.

Appears in 1 contract

Samples: Energy Income Fund Lp

AutoNDA by SimpleDocs

Issuance on Common Stock of Options, Warrants or Rights. If at any time while this Warrant is outstanding the Company shall grant to all holders of its Common Stock any rights, options or warrants (referred to in this Section 4.4 as "Rights") entitling them to purchase shares of Common Stock at a price per share that is lower at the record date for such issuance than the Fair Market Value of the Common Stock on such date determined in accordance with Section 1.8, the number of Shares of Common Stock that may be purchased hereunder shall be determined by multiplying the number of Shares of Common Stock theretofore purchasable upon exercise of each Warrant by a fraction of which the numerator shall be the number of shares of Common Stock outstanding or subject to issuance at prices at or below the Fair Market Value of the Common Stock on such record date (the "Existing Stock") plus the number of shares subject to issuance pursuant to the Rights and of which the denominator shall be the number of shares of Existing Stock plus the number of shares which the aggregate offering price of the total number of shares of Common Stock so offered would purchase at the then current Fair Market Value per share of Common Stock. Such adjustment shall be made whenever such rights, options or warrants are issued and shall become effective retroactively immediately after the record date for the determination of shareholders entitled to On the expiration or termination of any of the Rights, the number of shares of Common Stock then purchasable upon the exercise of each Warrant and the exercise price then in effect shall be subject to readjustment and the number of shares of Common Stock subject to the Warrants shall forthwith be decreased and the exercise price under the Warrants shall forthwith be increased to that which would have been in effect at the time of such expiration or termination had such Rights, to the extent outstanding immediately prior to such expiration or termination, never been issued.

Appears in 1 contract

Samples: Energy Income Fund Lp

Issuance on Common Stock of Options, Warrants or Rights. If at any time while this Warrant is outstanding the Company shall grant to all holders of its Common Stock any rights, options or warrants (referred to in this Section 4.4 as "Rights") entitling them to purchase shares of Common Stock at a price per share that is lower at the record date for such issuance than the Fair Market Value of the Common Stock on such date determined in accordance with Section 1.8, the number of Shares of Common Stock that may be purchased hereunder shall be determined by multiplying the number of Shares of Common Stock theretofore purchasable upon exercise of each Warrant by a fraction of which the numerator shall be the number of shares of Common Stock outstanding or subject to issuance at prices at or below the Fair Market Value of the Common Stock on such record date (the "Existing Stock") plus the number of shares subject to issuance pursuant to the Rights and of which the denominator shall be the number of shares of Existing Stock plus the number of shares which the aggregate offering price of the total number of shares of Common Stock so offered would purchase at the then current Fair Market Value per share of Common Stock. Such adjustment shall be made whenever such rights, options or warrants are issued and shall become effective retroactively immediately after the record date for the determination of shareholders entitled to receive such rights options or warrants. In the event the Company determines that the adjustment provided for above in this Section is unduly difficult or expensive to effect because of difficulties of valuation, the Company may, at its option and as an alternative to the adjustment, grant and convey to the Holder the Rights which the Holder would have received had it exercised this Warrant before issuance of the Rights. On the expiration or termination of any of the Rights, the number of shares of Common Stock then purchasable upon the exercise of each Warrant and the exercise price then in effect shall be subject to readjustment and the number of shares of Common Stock subject to the Warrants shall forthwith be decreased and the exercise price under the Warrants shall forthwith be increased to that which would have been in effect at the time of such expiration or termination had such Rights, to the extent outstanding immediately prior to such expiration or termination, never been issued.

Appears in 1 contract

Samples: Foreland Corp

Issuance on Common Stock of Options, Warrants or Rights. If at any time while this Warrant is outstanding the Company shall grant to all holders of its Common Stock any rights, options or warrants (referred to in this Section 4.4 as "``Rights"'') entitling them to purchase shares of Common Stock at a price per share that is lower at the record date for such issuance than the Fair Market Value of the Common Stock on such date determined in accordance with Section 1.8, the number of Shares of Common Stock that may be purchased hereunder shall be determined by multiplying the number of Shares of Common Stock theretofore purchasable upon exercise of each Warrant by a fraction of which the numerator shall be the number of shares of Common Stock outstanding or subject to issuance at prices at or below the Fair Market Value of the Common Stock on such record date (the "``Existing Stock"'') plus the number of shares subject to issuance pursuant to the Rights and of which the denominator shall be the number of shares of Existing Stock plus the number of shares which the aggregate offering price of the total number of shares of Common Stock so offered would purchase at the then current Fair Market Value per share of Common Stock. Such adjustment shall be made whenever such rights, options or warrants are issued and shall become effective retroactively immediately after the record date for the determination of shareholders entitled to On receive such rights options or warrants. In the expiration event the Company determines that the adjustment provided for above in this Section is unduly difficult or termination expensive to effect because of any difficulties of valuation, the Company may, at its option and as an alternative to the adjustment, grant and convey to the Holder the Rights which the Holder would have received had it exercised this Warrant before issuance of the Rights, the number of shares of Common Stock then purchasable upon the exercise of each Warrant and the exercise price then in effect shall be subject to readjustment and the number of shares of Common Stock subject to the Warrants shall forthwith be decreased and the exercise price under the Warrants shall forthwith be increased to that which would have been in effect at the time of such expiration or termination had such Rights, to the extent outstanding immediately prior to such expiration or termination, never been issued.

Appears in 1 contract

Samples: Financing Agreement (Foreland Corp)

AutoNDA by SimpleDocs

Issuance on Common Stock of Options, Warrants or Rights. If at any time while this Warrant is outstanding the Company shall grant to all holders of its Common Stock any rights, options options, or warrants (referred to in this Section 4.4 as "Rights") entitling them to purchase shares of Common Stock at a price per share that is lower at the record date for such issuance than the Fair Market Value of the Common Stock on such date determined in accordance with Section 1.81.6, the number of Shares of Common Stock that may be purchased hereunder shall be determined by multiplying the number of Shares of Common Stock theretofore purchasable upon exercise of each comprising the Warrant Stock by a fraction of which the numerator shall be the number of shares of Common Stock outstanding or subject to issuance at prices at or below the Fair Market Value of the Common Stock on such record date (the "Existing Stock") plus the number of shares subject to issuance pursuant to the Rights and of which the denominator shall be the number of shares of Existing Stock plus the number of shares which the aggregate offering price of the total number of shares of Common Stock so offered would purchase at the then current Fair Market Value per share of Common Stock. Such adjustment shall be made whenever such rights, options options, or warrants are or issued and shall become effective retroactively immediately after the record date for the determination of shareholders entitled to receive such rights, options or warrants. In the event the Company determines that the adjustment provided for above in this Section is unduly difficult or expensive to effect because of difficulties of valuation, the Company may, at its option and as an alternative to the adjustment, grant and convey to the Holder of the Rights which the Holder would have received had it exercised this Warrant before issuance of the Rights. On the expiration or termination of any of the Rights, the number of shares of Common Stock then purchasable upon the exercise of each Warrant and the exercise price then in effect shall be subject to readjustment and the number of shares of Common Stock subject to the Warrants shall forthwith be decreased and the exercise price under the Warrants shall forthwith be increased to that which would have been in effect at the time of such expiration or termination had such RightsRight, to the extent outstanding immediately prior to such expiration or termination, never had been issued.

Appears in 1 contract

Samples: Rio Grande Inc /De/

Time is Money Join Law Insider Premium to draft better contracts faster.