Modification of Anti-Dilution Provisions Sample Clauses

Modification of Anti-Dilution Provisions. Unless within thirty days after the date hereof the definition of "Excluded Stock" contained in the Certificate of Incorporation of Parent as applicable to each of the Series B Preferred Stock, the Series C Preferred Stock, the Series D Preferred Stock and the Series M Preferred Stock shall be amended to include within such definition at least the shares of common stock excluded from the definition of "Additional Shares of Common Stock" by subsection (G)(i) of the Warrants, or the holders of at least 66-2/3% of the outstanding shares of Series B Preferred Stock, Series C Preferred Stock, Series D Preferred Stock and Series M Preferred Stock, each voting as a separate class, shall declare the shares of common stock described in subsection G(i) of the Warrants to be "Excluded Stock" for purposes of determining whether any adjustments shall be made to the applicable Conversion Prices by reason of the issuance of additional securities of Parent, subsection G(i) of each Warrant issued pursuant to this Agreement shall be deleted, or shall be amended to exclude from the definition of "Additional Shares of Common Stock" only that lesser number of shares of common stock subject to the stock option plans of Parent which may be hereafter included in the definition of "Excluded Stock" as applicable to each of the Series B Preferred Stock, the Series C Preferred Stock, the Series D Preferred Stock and the Series M Preferred Stock. In the event of any such deletion or amendment to subsection (G)(i) of the Warrants, Parent shall, at its sole expense, execute and deliver to Lenders new Warrants in exchange for the Warrants initially issued pursuant to this Agreement.
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Modification of Anti-Dilution Provisions. Sections 4(a)(i) 4(a)(ii) of the Note are hereby deleted , the intent of which being the elimination of the full ratchet anti-dilution for below Conversion Price issuances of securities by the Borrower, provided the adjustments for stock splits, dividends, combinations, reverse splits, reclassification, and the like shall remain for the Note.
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Related to Modification of Anti-Dilution Provisions

  • Anti-Dilution Provisions The Exercise Price in effect at any time and the number and kind of securities purchasable upon the exercise of the Warrants shall be subject to adjustment from time to time upon the happening of certain events as follows:

  • Amendments to Servicing Agreements, Modification of Standard Provisions (a) Subject to the prior written consent of the Trustee pursuant to Section 3.07(b), the Master Servicer from time to time may, to the extent permitted by the applicable Servicing Agreement, make such modifications and amendments to such Servicing Agreement as the Master Servicer deems necessary or appropriate to confirm or carry out more fully the intent and purpose of such Servicing Agreement and the duties, responsibilities and obligations to be performed by the Servicer thereunder. Such modifications may only be made if they are consistent with the REMIC Provisions, as evidenced by an Opinion of Counsel. Prior to the issuance of any modification or amendment, the Master Servicer shall deliver to the Trustee such Opinion of Counsel and an Officer's Certificate setting forth (i) the provision that is to be modified or amended, (ii) the modification or amendment that the Master Servicer desires to issue and (iii) the reason or reasons for such proposed amendment or modification.

  • Antidilution Provisions During the Exercise Period, the Exercise Price and the number of Warrant Shares shall be subject to adjustment from time to time as provided in this Paragraph 4. In the event that any adjustment of the Exercise Price as required herein results in a fraction of a cent, such Exercise Price shall be rounded up to the nearest cent.

  • ADDITION, DELETION OR MODIFICATION OF FUNDS The Parties hereto may agree, from time to time, to add other Funds to provide additional funding media for the Contracts, or to delete, combine, or modify existing Funds, by amending Schedule A hereto. Upon such amendment to Schedule A, any applicable reference to a Fund, AVIF, or its Shares herein shall include a reference to any such additional Fund. Schedule A, as amended from time to time, is incorporated herein by reference and is a part hereof.

  • Termination Provisions In this Agreement:

  • Other Allocation Provisions Certain of the foregoing provisions and the other provisions of this Agreement relating to the maintenance of Capital Accounts are intended to comply with Treasury Regulations Section 1.704-1(b) and shall be interpreted and applied in a manner consistent with such regulations. Sections 5.03, 5.04 and 5.05 may be amended at any time by the General Partner if necessary, in the opinion of tax counsel to the Partnership, to comply with such regulations or any applicable Law, so long as any such amendment does not materially change the relative economic interests of the Partners.

  • Modification of Agreement This Agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived, but only by a written instrument executed by the parties hereto.

  • MODIFICATION OF NOTE 3.1 From and after the Effective Date, the provision in the Note captioned "Promise to Pay" is hereby amended as follows: The date on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from March 31, 2010 to March 31, 2012.

  • Additional Allocation Provisions Notwithstanding the foregoing provisions of this Article 6:

  • Procedure for Termination, Amendment, Extension or Waiver A termination of this Agreement pursuant to Section 7.01, an amendment of this Agreement pursuant to Section 7.03 or an extension or waiver of this Agreement pursuant to Section 7.04 shall, in order to be effective, require in the case of Parent, Sub or the Company, action by its Board of Directors.

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