Common use of No Adjustment of Exercise Price in Certain Cases Clause in Contracts

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) Upon issuance or sale of the Warrants or the shares of Stock issuable upon the exercise of the Warrants. (b) Upon conversion of Preferred Stock or other options, warrants and convertible securities outstanding as of the date hereof into shares of Common Stock. (c) Upon issuance of options, and Common Stock granted thereunder, granted to employees of the Company issued under one or more stock options plans that have an exercise price equal to the fair market value of the Common Stock as determined in good faith by the Board of Directors. (d) Upon issuance of shares of Common Stock as a result of the antidilution rights attributable to the Series B or Series C Convertible Preferred Stock. (e) If the amount of said adjustment shall be less than two cents ($0.02) per security issuable upon exercise of the Warrants, PROVIDED, HOWEVER, that in such case any adjustment that would otherwise be required then to be made shall be carried forward and shall be made at the time of and together with the next subsequent adjustment which, together with any adjustment so carried forward, shall amount to at least two cents ($0.02) per security issuable upon exercise of the Warrants.

Appears in 10 contracts

Samples: Warrant Agreement (Home Director Inc), Warrant Agreement (Home Director Inc), Warrant Agreement (Home Director Inc)

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No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) Upon issuance or sale of the Warrants or the shares of Stock issuable upon the exercise of the Warrants. (b) Upon conversion of Preferred Common Stock or other options, warrants and convertible securities outstanding as of the date hereof into shares of Common Stock. (c) Upon issuance of options, and Common Stock granted thereunder, granted granted. to employees of the Company issued under one or more stock options plans that have an exercise price equal to the fair market value of the Common Stock as determined in good faith by the Board of Directors. (d) Upon issuance of shares of Common Stock as a result of the antidilution rights attributable to the Series B or Series C Convertible Preferred Common Stock. (e) If the amount of said adjustment shall be less than two cents ($0.02) per security issuable upon exercise of the Warrants, PROVIDEDprovided, HOWEVER, however that in such case any adjustment that would otherwise be required then to be made shall be carried forward and shall be made at the time of and together with the next subsequent adjustment which, together with any adjustment so carried forward, shall amount to at least two cents ($0.02) per security issuable upon exercise of the Warrants.

Appears in 2 contracts

Samples: Warrant Agreement (Home Director Inc), Warrant Agreement (Home Director Inc)

No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) Upon issuance or sale of the Warrants or the shares of Stock issuable upon the exercise of the Warrants. (b) Upon conversion of Preferred Stock or other options, warrants and convertible securities outstanding as of the date hereof into shares of Common Stock. (c) Upon issuance of options, and Common Stock granted thereunder, granted granted. to employees of the Company issued under one or more stock options plans that have an exercise price equal to the fair market value of the Common Stock as determined in good faith by the Board of Directors. (d) Upon issuance of shares of Common Stock as a result of the antidilution rights attributable to the Series B or Series C Convertible Preferred Stock. (e) If the amount of said adjustment shall be less than two cents ($0.02) per security issuable upon exercise of the Warrants, PROVIDEDprovided, HOWEVER, however that in such case any adjustment that would otherwise be required then to be made shall be carried forward and shall be made at the time of and together with the next subsequent adjustment which, together with any adjustment so carried forward, shall amount to at least two cents ($0.02) per security issuable upon exercise of the Warrants.

Appears in 1 contract

Samples: Warrant Agreement (Home Director Inc)

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No Adjustment of Exercise Price in Certain Cases. No adjustment of the Exercise Price shall be made: (a) Upon issuance or sale of the Warrants or the shares of Stock issuable upon the exercise of the Warrants. (b) Upon conversion of Preferred Stock or other options, warrants and convertible securities outstanding as of the date hereof into shares of Common Stock. (c) Upon issuance of options, and Common Stock granted thereunder, granted to employees of the Company issued under one or more stock options plans that have an exercise price equal to the fair market value of the Common Stock as determined in good faith by the Board of Directors. (d) Upon issuance of shares of Common Stock as a result of the antidilution rights attributable to the Series B or Series C Convertible Preferred Stock. (e) If the amount of said adjustment shall be less than two cents ($0.02) per security issuable upon exercise of the Warrants, PROVIDEDprovided, HOWEVER, however that in such case any adjustment that would otherwise be required then to be made shall be carried forward and shall be made at the time of and together with the next subsequent adjustment which, together with any adjustment so carried forward, shall amount to at least two cents ($0.02) per security issuable upon exercise of the Warrants.

Appears in 1 contract

Samples: Warrant Agreement (Home Director Inc)

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