No Adjustment of Purchase Price in Certain Cases. Notwithstanding anything herein to the contrary, no adjustment of the Purchase Price shall be made: (i) Upon the issuance or sale of the Warrants, or the shares of Common Stock issuable upon the exercise of the Warrants; (ii) Upon the issuance or sale of shares of Common Stock issued by the Company in the public offering of its Shares being purchased concurrently herewith; (iii) Upon (i) the issuance of options pursuant to the Company's employee stock option plan in effect on the date hereof or the sale by the Company of any shares of Common Stock pursuant to the exercise of any such options, or (ii) the sale by the Company of any shares of Common Stock pursuant to the exercise of any options or warrants previously issued and outstanding on the date hereof. (iv) If the amount of said adjustment shall be less than two cents (24) per Share, 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 (24) per Share.
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Samples: Underwriter's Warrant Agreement (Protosource Corp), Underwriter's Warrant Agreement (Protosource Corp), Underwriter's Warrant Agreement (Protosource Corp)
No Adjustment of Purchase Price in Certain Cases. Notwithstanding anything herein to the contrary, no No adjustment of the Purchase Price shall be made:
(i) Upon the issuance or sale of the Warrants, this Warrant or the shares of Common Stock issuable upon the exercise of the Warrants;thereof; or
(ii) Upon the issuance or sale of shares of Common Stock issued upon the exercise of options, rights or warrants, or upon the conversion or exchange of convertible or exchangeable securities, in any case where the purchase price was adjusted at the time of issuance of such options, rights or warrants, or convertible or exchangeable securities, as contemplated by the Company in the public offering of its Shares being purchased concurrently herewith;Section 5(b) hereof; or
(iii) Upon (i) the issuance of options pursuant to the Company's employee stock option plan in effect on the date hereof or the sale by the Company of any shares of Common Stock pursuant to the exercise of any such optionsoutstanding warrants, options or (ii) the sale by the Company of any shares of securities convertible into Common Stock pursuant issued, granted or created prior to the exercise original date of any options or warrants previously issued and outstanding on issuance of this Warrant (the date hereof."Original Issuance Date"); or
(iv) If the amount of said the adjustment shall be less than two 5 cents (24$.05) per Shareshare, provided, however, that in such case any adjustment that would otherwise be required then to be made shall be carried forward and shall be made at the time of and together with the next subsequent adjustment which, together with any adjustment so carried forward, shall amount to at least two 5 cents (24$.05) per Shareshare.
(v) Upon the issuance or becoming issuable of shares of Common Stock pursuant to the antidilution provisions contained in any of the Company's securities.
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No Adjustment of Purchase Price in Certain Cases. Notwithstanding anything herein to the contrary, no No adjustment of the Purchase Price shall be made:
(i) Upon the issuance or sale of the Warrants, this Warrant or the shares of Common Stock issuable upon the exercise of the Warrants;thereof; or
(ii) Upon the issuance or sale of shares of Common Stock issued upon the exercise of options, rights or warrants, or upon the conversion or exchange of convertible or exchangeable securities, in any case where the purchase price was adjusted at the time of issuance of such options, rights or warrants, or convertible or exchangeable securities, as contemplated by the Company in the public offering of its Shares being purchased concurrently herewith;Section 5(b) hereof; or
(iii) Upon (i) the issuance of options pursuant to the Company's employee stock option plan in effect on the date hereof or the sale by the Company of any shares of Common Stock pursuant to the exercise of any such optionsoutstanding warrants, options or (ii) the sale by the Company of any shares of securities convertible into Common Stock pursuant issued, granted or created prior to the exercise original date of any options or warrants previously issued and outstanding on issuance of this Warrant (the date hereof.“Original Issuance Date”); or
(iv) If the amount of said the adjustment shall be less than two 5 cents (24$.05) per Shareshare, provided, however, that in such case any adjustment that would otherwise be required then to be made shall be carried forward and shall be made at the time of and together with the next subsequent adjustment which, together with any adjustment so carried forward, shall amount to at least two 5 cents (24$.05) per Shareshare.
(v) Upon the issuance or becoming issuable of shares of Common Stock pursuant to the antidilution provisions contained in any of the Company's securities.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Asphalt Paving International Inc)
No Adjustment of Purchase Price in Certain Cases. Notwithstanding anything herein to the contrary, no adjustment of the Purchase Price shall be made:
(i) Upon the issuance or sale of the Warrants, or the shares of Common Preferred Stock issuable upon the exercise of the Warrants;
(ii) Upon the issuance or sale of shares of Common Preferred Stock issued by the Company in the public offering of its Shares being purchased concurrently herewith;
(iii) Upon (i) the issuance of options pursuant to the Company's employee stock option plan in effect on the date hereof or the sale by the Company of any shares of Common Stock capital stock pursuant to the exercise of any such options, or (ii) the sale by the Company of any shares of Common Stock capital stock pursuant to the exercise of any options or warrants previously issued and outstanding on the date hereof.
(iv) If the amount of said adjustment shall be less than two cents (24$0.02) per Shareshare, 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 (24$0.02) per Share.
Appears in 1 contract
No Adjustment of Purchase Price in Certain Cases. Notwithstanding anything herein to the contrary, no adjustment of the Purchase Price shall be made:
(ia) Upon the issuance or sale of the WarrantsWarrant, the Share Warrants or the shares of Common Stock issuable upon the exercise of the Warrants;
(iib) Upon the issuance or sale of shares of Common Stock issued by the Company in the public offering of its Shares being purchased concurrently herewith;
(iiic) Upon (i) the issuance of options pursuant to the Company's employee stock option plan in effect on the date hereof or the sale by the Company of any shares of Common Stock pursuant to the exercise of any such options, or (ii) the sale by the Company of any shares of Common Stock pursuant to the exercise of any options or warrants previously issued and outstanding on the date hereof.
(ivd) If the amount of said adjustment shall be less than two cents (242 cents) per Share, 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 (242 cents) per Share.
Appears in 1 contract
Samples: Warrant Agreement (Protosource Corp)