Limitation of Adjustments. For purposes of this Section 15.4(f), the number of Common Shares or Common Equity at any time outstanding shall not include Common Shares or Common Equity held in the treasury of the Company. No adjustment of the Series B-1 Conversion Price shall be made under Section 15.4(f)(iii), upon the issuance of any Convertible Security which is issued pursuant to the exercise of any warrants or rights, if any adjustment shall previously have been made in the Series B-1 Conversion Price then in effect upon the issuance of such warrants or other rights pursuant to Section 15.4(f)(iii) or otherwise pursuant to this Section 15.4(f).
Limitation of Adjustments. Notwithstanding anything to the contrary hereunder, including the adjustment provisions set forth in the definition of the Per Share Merger Consideration, the parties agree that to the extent that the Transaction Expenses Adjustment Amount, if any, is already reflected in the Cash Adjustment Amount, then the Transaction Expenses Adjustment Amount shall be equitably reduced so as to avoid any duplication of adjustments.
Limitation of Adjustments. For purposes of this Subparagraph (D)(6), the number of Common Shares or Common Equity at any time outstanding shall not include Common Shares or Common Equity held in the treasury of the Company. No adjustment of the Series B Conversion Price shall be made under Subparagraph (D)(6)(iii), (1) upon the issuance of any Convertible Security which is issued pursuant to the exercise of any warrants or rights, if any adjustment shall previously have been made in the Series B Conversion Price then in effect upon the issuance of such warrants or other rights pursuant to Subparagraph (D)(6)(iii) or otherwise pursuant to this Subparagraph (D)(6) or (2) upon the issuance of the Series A-1 Preferred Shares in exchange for all of the issued and outstanding Series A Preferred Shares.
Limitation of Adjustments. Notwithstanding the foregoing, under no circumstances will the effective Warrant Price, as the case may be, be reduced pursuant to Section 5.5 hereof below $0.001 per share (as may be adjusted pursuant to Sections 5.1, 5.2, 5.3 and 5.4 hereof).
Limitation of Adjustments. Notwithstanding the foregoing, under no circumstances will the effective Warrant Price, as the case may be, be reduced pursuant to Section 4.5 hereof below $0.001 per share (as may be adjusted pursuant to Sections 4.1, 4.2, 4.3 and 4.4 hereof). Notwithstanding anything to the contrary herein, in no event shall an adjustment pursuant to Section 4.5 or Section 4.6 to this Warrant and the other warrants issued pursuant to the Purchase Agreement (together with this Warrant, the “Warrants”) result in the Warrants being exercisable for a number of shares of Common Stock, when combined with the shares of Common Stock issued pursuant to the Purchase Agreement, in excess of the number of shares of Common Stock permitted to be issued pursuant to the 20% limitation in Rule 4350(i) of the Nasdaq Stock Market, Inc. without the prior approval of the Company’s stockholders. The foregoing limitation on the number of shares of Common Stock for which the Warrants are exercisable prior to such stockholder approval shall be applied pro rata among the outstanding Warrants. If the exercise of one or more Warrants would result in the issuance of shares of Common Stock requiring such stockholder approval, the Company shall use reasonable commercial efforts to obtain such approval as is necessary to permit such issuance.
Limitation of Adjustments. 43 7.6 Corporate Records, Contracts, Etc....................................44 7.7 Current Financial Information........................................44 7.8 Certain Forbearances by Company......................................44 7.9 Certain Forbearances by Bxxxxxx......................................46 7.10 Preservation of Business and the Property............................47 7.11
Limitation of Adjustments. (a) If an event or adjustment should occur that results in the transfer of Holdback Cash or Holdback Shares (or the payment in cash in lieu of the transfer of Holdback Shares) to Bxxxxxx pursuant to Section 7.4 or an indemnity payment to Bxxxxxx pursuant to Article X, and such event or adjustment should also result in a charge to the income statement of the Company and therefore, a reduction of book value of the Company as of the Effective Time, then such charge caused by such event or adjustment shall not also be considered as grounds for a breach of Section 5.5, as it relates to minimum book value. If such event or adjustment does not result in the transfer of Holdback Cash, Holdback Shares or an indemnity payment, then such event or adjustment may be considered as grounds for a breach of Section 5.5. If the book value of the Company as of the Effective Time results in a Deficit due to an event or adjustment, the Deficit shall be determined and paid in accordance with Section 5.5.
