No Adjustment of Conversion Price. Any provision herein to the contrary notwithstanding, no adjustment in the applicable Conversion Price shall be made in respect of the issuance of Additional Shares of Common Stock unless the consideration per share (determined pursuant to Section 4.d(v) hereof) for an Additional Share of Common Stock issued or deemed to be issued by the Company is less than the applicable Conversion Price in effect immediately prior to such issue.
Appears in 2 contracts
Samples: Cooperative Agreement (Amyris, Inc.), Cooperative Agreement (Amyris, Inc.)
No Adjustment of Conversion Price. Any provision herein to the contrary notwithstanding, no No adjustment in the applicable Conversion Price shall be made in respect of the issuance of Additional Shares of Common Stock or otherwise, unless the consideration per share (determined pursuant to Section 4.d(v) hereof) for an such Additional Share Shares of Common Stock issued or deemed to be issued by the Company is less than the applicable Conversion Price in effect on the date of, and immediately prior to to, the issue of such issueAdditional Shares.
Appears in 2 contracts
Samples: Note (Performance Health Technologies Inc), Note (Performance Health Technologies Inc)
No Adjustment of Conversion Price. Any provision herein to the contrary notwithstanding, no No adjustment in the applicable Conversion Price shall be made in respect of the issuance of Additional Shares of Common Stock (a) unless the consideration per share (determined pursuant to Section 4.d(v) hereof4.5.5) for an Additional Share of Common Stock issued or deemed to be issued by the Company is less than the applicable Conversion Price in effect on the date of, and immediately prior to, such issue, or (b) if prior to such issueissuance, the holder of the Convertible Note(s) gives a written waiver of such adjustment.
Appears in 1 contract
Samples: Convertible Note (Sedona Corp)
No Adjustment of Conversion Price. Any provision herein to the contrary notwithstanding, no No adjustment in the applicable Conversion Price shall be made in respect of the issuance of Additional Shares of Common Stock (a) unless the consideration per share (determined pursuant to Section 4.d(v) hereof6(e)(6)) for an Additional Share of Common Stock issued or deemed to be issued by the Company Corporation is less than the applicable Conversion Price in effect on the date of, and immediately prior to, such issue or (b) if prior to such issueissuance the Required Holders give a written waiver of such adjustment.
Appears in 1 contract
Samples: Merger Agreement (Medical Industries of America Inc)
No Adjustment of Conversion Price. Any provision herein to the contrary notwithstanding, no adjustment in of the applicable Conversion Price shall be made in respect of the issuance of Additional Shares of Common Stock unless the consideration per share (determined pursuant to Section 4.d(v) hereof) for an Additional Share of Common Stock issued or deemed to be issued by the Company is less than the applicable Conversion Price in effect on the date of, and immediately prior to to, such issue.
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No Adjustment of Conversion Price. Any provision herein to the contrary notwithstanding, no adjustment in the applicable Conversion Price shall be made in respect of the issuance of Additional Shares of Common Stock unless the consideration per share (determined pursuant to Section 4.d(v6(d)(v) hereof) for an Additional Share of Common Stock issued or deemed to be issued by the Company Corporation is less than the applicable Conversion Price in effect on the date of, and immediately prior to such issue.
Appears in 1 contract
No Adjustment of Conversion Price. Any provision herein to the contrary notwithstanding, no adjustment in the applicable Conversion Price shall be made in respect of the issuance of Additional Shares of Common Stock unless the Additional Shares of Common Stock are issued without consideration or the consideration per share (determined pursuant to Section 4.d(v) hereof5(k)(1)(D)) for an Additional Share of Common Stock issued or deemed to be issued by the Company Corporation is less than the applicable Conversion Price in effect immediately prior to such issuePrice.
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No Adjustment of Conversion Price. Any provision herein to the contrary notwithstanding, no adjustment in the applicable Conversion Price shall be made in respect of the issuance of Additional Shares of Common Stock unless the consideration per share (determined pursuant to Section 4.d(v) hereofC.3(d)(v)) for an Additional Share of Common Stock issued or deemed to be issued by the Company Corporation is less than the applicable Conversion Price in effect on the date of, and immediately prior to to, such issue.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Encore Medical Corp)
No Adjustment of Conversion Price. Any provision herein to No adjustment of the contrary notwithstandingConversion Price, no adjustment in the applicable Conversion Price shall be made in respect of the issuance of Additional Shares of Common Stock or otherwise, shall be made unless the consideration per share (determined pursuant to Section 4.d(v) hereof) for an Additional Share Shares of Common Stock issued or deemed to be issued by the Company Corporation is less than the applicable Conversion Price in effect on the date of, and immediately prior to to, the issue of such issueAdditional Shares of Common Stock.
Appears in 1 contract
Samples: Stock Purchase Agreement (Eroomsystem Technologies Inc)
No Adjustment of Conversion Price. Any provision herein to the contrary notwithstanding, no No adjustment in the applicable Conversion Price shall be made in respect of the issuance of Additional Shares of Common Stock unless the consideration per share (determined pursuant to in accordance with Section 4.d(v3.3(e) hereof) for an Additional Share of Common Stock issued or deemed to be issued by the Company is less than the applicable Conversion Price in effect on the date of, and immediately prior to to, such issueissuance.
Appears in 1 contract