Multiple Adjustments. For the avoidance of doubt, if an event occurs that would trigger an adjustment to the Conversion Rate pursuant to this Section 11 under more than one subsection hereof, such event, to the extent fully taken into account in a single adjustment, shall not result in multiple adjustments hereunder; provided, however, that if more than one subsection of this Section 11 is applicable to a single event, the subsection shall be applied that produces the largest adjustment.
Appears in 13 contracts
Samples: Investment Agreement (Bright Health Group Inc.), Investment Agreement (GoHealth, Inc.), Investment Agreement (Bright Health Group Inc.)
Multiple Adjustments. For the avoidance of doubt, if an event occurs that would trigger an adjustment to the Conversion Rate pursuant to this Section 11 10 under more than one subsection hereof, such event, to the extent fully taken into account in a single adjustment, shall not result in multiple adjustments hereunder; provided, however, that if more than one subsection of this Section 11 10 is applicable to a single event, the subsection shall be applied that produces the largest adjustment.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Helbiz, Inc.), Merger Agreement (Helbiz, Inc.), Investment Agreement (AdaptHealth Corp.)
Multiple Adjustments. For the avoidance of doubt, if an event occurs that would trigger an adjustment to the Conversion Rate pursuant to this Section 11 8 under more than one subsection hereof, such event, to the extent fully taken into account in a single adjustment, shall not result in multiple adjustments hereunder; provided, however, that if more than one subsection of this Section 11 is applicable to a single event, the subsection shall be applied that produces the largest adjustment.
Appears in 6 contracts
Samples: Exchange Agreement (Broadway Financial Corp \De\), Exchange Agreement (Citigroup Inc), Exchange Agreement
Multiple Adjustments. For the avoidance of doubt, if an event occurs that would trigger an adjustment to the Conversion Rate Price pursuant to this Section 11 under more than one subsection hereof, such event, to the extent fully taken into account in a single adjustment, shall not result in multiple adjustments hereunder; provided, however, that if more than one subsection of this Section 11 is applicable to a single event, the subsection shall be applied that produces the largest adjustment.
Appears in 5 contracts
Samples: Investment Agreement (James River Group Holdings, Ltd.), Investment Agreement (Capital Senior Living Corp), Investment Agreement (Capital Senior Living Corp)
Multiple Adjustments. For the avoidance of doubt, if an event occurs that would trigger an adjustment to the a Conversion Rate pursuant to this Section 11 under more than one subsection hereof, such event, to the extent fully taken into account in a single adjustment, shall not result in multiple adjustments hereunder; provided, however, that if more than one subsection of this Section 11 is applicable to a single event, the subsection shall be applied that produces the largest adjustment.
Appears in 3 contracts
Samples: Purchase Agreement, Purchase Agreement (American International Group Inc), Master Transaction Agreement (American International Group Inc)
Multiple Adjustments. For the avoidance of doubt, if an event occurs that would trigger an adjustment to the Conversion Rate Participation Factor pursuant to this Section 11 7 under more than one subsection hereof, such event, to the extent fully taken into account in a single adjustment, shall not result in multiple adjustments hereunder; provided, however, provided that if more than one subsection of this Section 11 7 is applicable to a single event, the subsection shall be applied that produces the largest adjustment.
Appears in 3 contracts
Samples: Vessel Acquisition Agreement (DHT Holdings, Inc.), Stock Purchase Agreement (DHT Holdings, Inc.), Stock Purchase Agreement (DHT Holdings, Inc.)
Multiple Adjustments. For the avoidance of doubt, if an event occurs that would trigger an adjustment to the Conversion Rate Factor pursuant to this Section 11 10 under more than one subsection hereof, such event, to the extent fully taken into account in a single adjustment, shall not result in multiple adjustments hereunder; provided, however, that if more than one subsection of this Section 11 10 is applicable to a single event, the subsection shall be applied that produces the largest adjustment.
Appears in 3 contracts
Samples: Series B Convertible Preferred Stock Purchase Agreement (Comscore, Inc.), Series B Convertible Preferred Stock Purchase Agreement (Comscore, Inc.), Series B Convertible Preferred Stock Purchase Agreement (Comscore, Inc.)
Multiple Adjustments. For the avoidance of doubt, if an event occurs that would trigger an adjustment to the Conversion Rate Price pursuant to this Section 11 10 under more than one subsection hereof, such event, to the extent fully taken into account in a single adjustment, shall not result in multiple adjustments hereunder; provided, however, that if more than one subsection of this Section 11 10 is applicable to a single event, the subsection shall be applied that produces the largest adjustment.
Appears in 2 contracts
Samples: Business Combination Agreement (Anzu Special Acquisition Corp I), Investment Agreement (Avon Products Inc)
Multiple Adjustments. For the avoidance of doubt, if an event occurs that would trigger an adjustment to the Conversion Rate Price pursuant to this Section 11 10 under more than one subsection subSection hereof, such event, to the extent fully taken into account in a single adjustment, shall not result in multiple adjustments hereunder; provided, however, that if more than one subsection subSection of this Section 11 10 is applicable to a single event, the subsection subSection shall be applied that produces the largest adjustment.
Appears in 2 contracts
Samples: Business Combination Agreement (Tailwind Acquisition Corp.), Business Combination Agreement (Tailwind Acquisition Corp.)
Multiple Adjustments. For the avoidance of doubt, if an event occurs that would trigger an adjustment to the Conversion Rate pursuant to this Section 11 9 under more than one subsection hereof, such event, to the extent fully taken into account in a single adjustment, shall not result in multiple adjustments hereunder; provided, however, that if more than one subsection of this Section 11 9 is applicable to a single event, the subsection shall be applied that produces the largest adjustment.
Appears in 2 contracts
Samples: Standby Equity Purchase Agreement (Aeva Technologies, Inc.), Backstop Agreement (Gores Holdings VIII Inc.)
Multiple Adjustments. For the avoidance of doubt, if an event occurs that would trigger an adjustment to the Conversion Rate pursuant to this Section 11 13 under more than one subsection hereof, such event, to the extent fully taken into account in a single adjustment, shall not result in multiple adjustments hereunder; provided, however, that if more than one subsection of this Section 11 is applicable to a single event, the subsection shall be applied that produces the largest adjustment.
Appears in 2 contracts
Samples: Investment Agreement (Great Atlantic & Pacific Tea Co Inc), Investment Agreement (Great Atlantic & Pacific Tea Co Inc)
Multiple Adjustments. For the avoidance of doubt, if an event occurs that would trigger an adjustment to the Conversion Rate pursuant to this Section 11 12 under more than one subsection hereof, such event, to the extent fully taken into account in a single adjustment, shall not result in multiple adjustments hereunder; provided, however, that if more than one subsection of this Section 11 12 is applicable to a single event, the subsection shall be applied that produces the largest adjustment.
Appears in 1 contract
Multiple Adjustments. For the avoidance of doubt, if an event occurs that would trigger an adjustment to the Conversion Rate pursuant to this Section 11 7 under more than one subsection hereof, such event, to the extent fully taken into account in a single adjustment, shall not result in multiple adjustments hereunder; provided, however, that if more than one subsection of this Section 11 7 is applicable to a single event, the subsection shall be applied that produces the largest adjustmenthighest adjusted Conversion Rate.
Appears in 1 contract
Samples: Securities Purchase Agreement (Ritchie Bros Auctioneers Inc)
Multiple Adjustments. For the avoidance of doubt, if an event occurs that would trigger an adjustment to the Conversion Rate pursuant to this Section Section 11 under more than one subsection hereof, such event, to the extent fully taken into account in a single adjustment, shall not result in multiple adjustments hereunder; provided, however, that if more than one subsection of this Section Section 11 is applicable to a single event, the subsection shall be applied that produces the largest adjustment.
Appears in 1 contract
Samples: Investment Agreement (Cepton, Inc.)
Multiple Adjustments. For the avoidance of doubt, if an event occurs that would trigger an adjustment to the Fixed Conversion Rate pursuant to this Section 11 9 under more than one subsection hereof, such event, to the extent fully taken into account in a single adjustment, shall not result in multiple adjustments hereunder; provided, however, that if more than one subsection of this Section 11 9 is applicable to a single event, the subsection shall be applied that produces the largest adjustment.
Appears in 1 contract
Multiple Adjustments. For the avoidance of doubt, if an event occurs that would trigger an adjustment to the Conversion Rate pursuant to this Section paragraph 11 under more than one subsection hereof, such event, to the extent fully taken into account in a single adjustment, shall not result in multiple adjustments hereunder; provided, however, that if more than one subsection of this Section paragraph 11 is applicable to a single event, the subsection shall be applied that produces the largest adjustment.
Appears in 1 contract
Multiple Adjustments. For the avoidance of doubt, if an event occurs that would trigger an adjustment to the Conversion Rate Dividend Factor or the Participation Factor pursuant to this Section 11 7 under more than one subsection hereof, such event, to the extent fully taken into account in a single adjustment, shall not result in multiple adjustments hereunder; provided, however, provided that if more than one subsection of this Section 11 7 is applicable to a single event, the subsection shall be applied that produces the largest adjustment.
Appears in 1 contract
