No Adjustment of Purchase Price. No adjustment to the Purchase Price shall be made as the result of the issuance of Additional Securities if the consideration per share (determined pursuant to subsection 2(a)(v)) for such Additional Securities issued or deemed to be issued by the Company is equal to or greater than the Purchase Price in effect immediately prior to the issuance or deemed issuance of such Warrant Securities.
No Adjustment of Purchase Price. No adjustments to the Purchase Price shall be made unless the consideration per share (determined pursuant to subsection 2(a)(v)) for an Additional Share of Common Stock issued or deemed to be issued by the Company is less than the Purchase Price in effect immediately prior to the issue of such Additional Shares.
No Adjustment of Purchase Price. No adjustments to the Purchase Price ------------------------------- shall be made unless the consideration per share (determined pursuant to Section 2(b)(v)) for an Additional Share of Common Stock issued or deemed to be issued by the Company is less than $16.00 (subject to adjustment in the same manner as the Purchase Price pursuant to Sections 2(c) and 2(d) below) (the "Adjustment Price").
No Adjustment of Purchase Price. No adjustments to the Purchase Price under this Appendix B shall be made unless the ---------- consideration per share (determined pursuant to (a)(v) below) for an Additional Share of Common Stock issued or deemed to be issued by the Company is less than the Purchase Price in effect on the date of, and immediately prior to, the issue of such Additional Shares of Common Stock. Notwithstanding anything to the contrary contained herein, no adjustments to the Purchase Price under this Appendix B shall be made for Common Stock ---------- issued or deemed to be issued upon the conversion of convertible preferred stock of the Company issued and outstanding as of the date hereof.
No Adjustment of Purchase Price. (1) There will be no adjustments to the Purchase Price at Closing, including in respect of any deposits or rental arrears under the Leases.
No Adjustment of Purchase Price. No adjustment to the Purchase Price shall be made as the result of the issuance of Additional Shares of Common Stock if the consideration per share (determined pursuant to subsection 2(a)(v)) for such Additional Shares of Common Stock issued or deemed to be issued by the Company is equal to or greater than the greater of (A) the Purchase Price in effect immediately prior to the issuance or deemed issuance of such Additional Shares of Common Stock or (B) the Fair Market Value of the Common Stock in effect immediately prior to the issuance or deemed issuance of such Additional Shares of Common Stock.
No Adjustment of Purchase Price. The Purchase Price will not be adjusted for any prorations.
No Adjustment of Purchase Price. No adjustment in the number of shares of Common Stock into which the Warrant is exercisable shall be made by adjustment in the applicable Purchase Price thereof; (a) unless the consideration per share (determined
No Adjustment of Purchase Price. No adjustments to the Purchase Price under this Appendix B shall be made unless the consideration per share (determined pursuant to (a)(v) below) for an Additional Share of Common Stock issued or deemed to be issued by the Company is less than the Market Price in effect on the date of, and immediately prior to, the issue of such Additional Shares of Common Stock. Notwithstanding anything to the contrary contained elsewhere in this Appendix B, no adjustment to the Purchase Price shall be made for Common Stock issued or deemed to be issued by the Company upon the exercise of Options that (1) were issued and outstanding as of the date hereof, (2) are issued after the date hereof pursuant to compensation plans approved by the shareholders of the Company and pursuant to which the consideration payable to the Company upon the exercise thereof is no less than the closing sale price (price for last trade) per share of Common Stock as reported on the principal trading exchange for the Common Stock or (3) are issued by the Company to all of the holders of its Common Stock and are concurrently issued to the Holder such that the Holder receives, with respect to any portion of this Warrant that is unexercised at such time, the same number of such Options as it would have received had this Warrant been fully exercised immediately prior to such distribution.
No Adjustment of Purchase Price. Subject to the provisions of Section 3.2(b) and Section 3.5 below, no adjustment in the number of Warrant Shares into which this Warrant is exercisable shall be made, by adjustment in the Purchase Price in respect of the issuance of Additional Shares of Common Stock, Additional Shares of DSW Stock or otherwise, unless the consideration per share for an Additional Share of Common Stock or Additional Share of DSW Stock issued or deemed to be issued by the Company or DSW, respectively, is less than the greater of the Current Market Price and the Fair Market Value of such security on the date of, and immediately prior to, the issue of such Additional Shares of Common Stock or Additional Shares of DSW Stock, as the case may be. Upon each adjustment pursuant to Section 3 of the Common Stock Purchase Price or the DSW Stock Purchase Price as a result of the issuance of Additional Shares of Common Stock by the Company or Additional Shares of DSW Stock by DSW, respectively, for a consideration per share that is less than the greater of the Current Market Price and the Fair Market Value of such security on the date of, and immediately prior to, such issuance, this Warrant shall thereafter evidence the right to receive, at the adjusted Purchase Price, that number of shares of Common Stock or DSW Stock, as the case may be, (calculated to the nearest one hundredth) obtained by dividing (i) the product of the aggregate number of such shares covered by this Warrant immediately prior to such adjustment and the applicable Purchase Price in effect immediately prior to such adjustment of the Purchase Price by (ii) the applicable Purchase Price in effect immediately after such adjustment of the Purchase Price. For the avoidance of doubt, Additional Shares of Common Stock and adjustments in the case of Common Stock shall result only in an adjustment to the Common Stock Exercise Amount and issuances of Additional Shares of DSW Stock and adjustments in the case of DSW Stock shall result only in an adjustment of the DSW Stock Exercise Amount. In addition, for the avoidance of doubt, after the consummation of a Spin-Off and satisfaction of the Company's obligations to make the distribution to the Holder required by Section 3.7(b), no adjustment shall be made pursuant to this Section 3.1 as a result of an issuance of Additional Shares of DSW Stock.
