Common use of Minimal Adjustments Clause in Contracts

Minimal Adjustments. No adjustment in the Exercise Price need be made if such adjustment would result in a change in the Exercise Price of less than $0.01. Any adjustment of less than $0.01 which is not made shall be carried forward and shall be made at the time of and together with any subsequent adjustment which, on a cumulative basis, amounts to an adjustment of $0.01 or more in the Exercise Price. If, after one or more adjustments to the Exercise Price pursuant to this Section 3, the Exercise Price cannot be reduced further without falling below the greater of (i) $0.001 or (ii) the lowest positive exercise price legally permissible for warrants to acquire shares of Common Stock, the Company shall make further adjustment to compensate the holder, consistent with the foregoing principles, as the Board of Directors, acting in good faith, deems necessary, including an increase in the number of Shares issuable upon exercise of outstanding Warrants and/or a cash payment to the Holder.

Appears in 5 contracts

Samples: Common Stock Purchase Warrant (Wink Communications Inc), Common Stock Purchase Warrant (Wink Communications Inc), Common Stock Purchase Warrant (Wink Communications Inc)

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Minimal Adjustments. No adjustment in the Exercise Price need be made if such adjustment would result in a change in the Exercise Price of less than $0.01. Any adjustment of less than $0.01 which is not made shall be carried forward and shall be made at the time of and together with any subsequent adjustment which, on a cumulative basis, amounts to an adjustment of $0.01 or more in the Exercise Price. If, after one or more adjustments to the Exercise Price pursuant to this Section 3, the Exercise Price cannot be reduced further without falling below the greater of (i) $0.001 or (ii) the lowest positive exercise price legally permissible for warrants to acquire shares of Common Stock, the Company shall make further adjustment to compensate the holder, consistent with the foregoing principles, as the Board of Directors, acting in good faith, deems necessary, including an increase in the number of Shares issuable upon exercise of outstanding Warrants and/or a cash payment to the Holderholder.

Appears in 3 contracts

Samples: Common Stock Purchase Warrant (Wink Communications Inc), Common Stock Purchase Warrant (Wink Communications Inc), Wink Communications Inc

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Minimal Adjustments. No adjustment in the Exercise Price need be made if such adjustment would result in a change in the Exercise Price of less than $0.01. Any adjustment of less than $0.01 which is not made shall be carried forward and shall be made at the time of and together with any subsequent adjustment which, on a cumulative basis, amounts mounts to an adjustment of $0.01 or more in the Exercise Price. If, after one or more adjustments to the Exercise Price pursuant to this Section 3, the Exercise Price cannot be reduced further without falling below the greater of (i) $0.001 or (ii) the lowest positive exercise price legally permissible for warrants to acquire shares of Common Stock, the Company shall make further adjustment to compensate the holder, consistent with the foregoing principles, as the Board of Directors, acting in good faith, deems necessary, including an increase in the number of Shares issuable upon exercise of outstanding Warrants and/or a cash payment to the Holderholder.

Appears in 1 contract

Samples: Wink Communications Inc

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