No Adjustment of Warrant Price in Certain Cases Sample Clauses

No Adjustment of Warrant Price in Certain Cases. Notwithstanding anything herein to the contrary, no adjustment of the Warrant Price shall be made: (i) Upon the issuance or sale of the Underwriters' Warrants, the shares of Common Stock or Warrants issuable upon the exercise of the Underwriters' Warrants or the shares of Common Stock issuable upon exercise of the Warrants underlying the Underwriters' Warrants; or (ii) Upon the issuance or sale of (A) the shares of Common Stock or Warrants issued by the Company in the PO (including pursuant to the Over-allotment Option) or other shares of Common Stock or warrants issued by the Company upon consummation of the PO or, (B) the shares of Common Stock (or other securities) issuable upon exercise of Warrants; or (iii) Upon (i) the issuance of options pursuant to the Company's stock option plan in effect on the date hereof or as hereafter amended in accordance with the terms thereof or any other employee or executive stock option plan approved by stockholders of the Company 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 issued and outstanding on the date of closing of the sale of Common Stock and Warrants pursuant to the PO; or (iii) the issuance or sale by the Company of any shares of Common Stock in connection with any merger, acquisition or other business combination; or (iv) If the amount of said adjustment shall be less than five cents (5(cent)) per share of Common Stock.
Sample 1Sample 2See All (7)
AutoNDA by SimpleDocs
No Adjustment of Warrant Price in Certain Cases. Notwithstanding anything herein to the contrary, no adjustment of the Warrant Price shall be made: (i) Upon the issuance or sale to the Underwriters of warrants to purchase units consisting of 2 shares of Common Stock and Common Stock Purchase Warrants (collectively, the "Underwriters' Warrant") in connection with the Offering, the shares of Common Stock or Common Stock Purchase Warrants issuable upon the exercise of the Underwriters' Warrant or the shares of Common Stock issuable upon exercise of the Common Stock Purchase Warrants issuable upon exercise of the Underwriters' Warrant; or (ii) Upon the issuance or sale of (A) the shares of Common Stock or Warrants issued by the Company in the Offering (including the Warrants issued pursuant to the Underwriter's option) or other shares of Common Stock or warrants issued by the Company upon consummation of the Offering, or (B) the shares of Common Stock (or other securities) issuable upon exercise of Warrants; or (iii) Upon the issuance or sale by the Company of any shares of Common Stock in connection with any merger, acquisition or other business combination. (iv) Upon the issuance or sale by the Company of any shares or securities that would have normally triggered the anti-dilution provisions herein, if such offer or grant is extended to the Warrant Holders as well.
Sample 1
No Adjustment of Warrant Price in Certain Cases. Notwithstanding anything herein to the contrary, no adjustment of the Warrant Price shall be made: (i) Upon the issuance or sale of the Warrant or the Shares; or (ii) Upon (A) the issuance of options pursuant to the Company's employee stock option plan in effect on the date hereof or as hereafter amended in accordance with the terms thereof or any other employee or executive stock option plan, agreement or understanding approved by the Board of Directors of the Company or the issuance or sale by the Company of any shares of Common Stock pursuant to the exercise of any such options, (B) the issuance or sale by the Company of any shares of Common Stock upon the conversion of any convertible securities of the Company or upon the exercise of any currently outstanding options or warrants of the Company or (C) as part of a merger, consolidation or other corporate acquisition or business combination; or (iii) Upon the issuance or sale of any securities of the Company in an underwritten transaction or in any transaction where the price of the securities to be issued or sold in such transaction is determined by an investment banker or placement agent; or (iv) If the amount of said adjustment shall be less than one percent (1%) of the then market price per share of Common Stock. Nothing in this subparagraph (c) of this Paragraph 6 shall imply, in any way, that any adjustment pursuant to this Paragraph 6 shall be required and the only adjustments required pursuant to this Paragraph 6 shall be an adjustment required specifically by a subparagraph of this Paragraph 6 other than this subparagraph (c).
Sample 1

Related to No Adjustment of Warrant Price in Certain Cases

  • No Adjustment of Exercise Price in Certain Cases No adjustment of the Exercise Price shall be made if the amount of said adjustment shall be less than one cent ($.01) per Share, provided, however, that in such case any adjustment that would otherwise be required then to be made shall be carried forward and shall be made at the time of and together with the next subsequent adjustment which, together with any adjustment so carried forward, shall amount to at least one cent ($.01) per Share.

  • Adjustment of Warrant Price The price at which such shares of Warrant Stock may be purchased upon exercise of this Warrant shall be subject to adjustment from time to time as set forth in this Section 4. The Issuer shall give the Holder notice of any event described below which requires an adjustment pursuant to this Section 4 in accordance with the notice provisions set forth in Section 5.

  • Adjustment of Warrant Price and Number of Shares The number and kind of securities purchasable upon the exercise of this Warrant and the Warrant Price shall be subject to adjustment from time to time upon the occurrence of certain events, as follows:

  • Adjustment of Number of Warrant Shares Issuable Upon Exercise of a Warrant and Adjustment of Exercise Price.

  • Adjustments in Warrant Price Whenever the number of shares of Common Stock purchasable upon the exercise of the Warrants is adjusted, as provided in subsection 4.1.1 or Section 4.2 above, the Warrant Price shall be adjusted (to the nearest cent) by multiplying such Warrant Price immediately prior to such adjustment by a fraction (x) the numerator of which shall be the number of shares of Common Stock purchasable upon the exercise of the Warrants immediately prior to such adjustment, and (y) the denominator of which shall be the number of shares of Common Stock so purchasable immediately thereafter.

  • Adjustment of Warrant Price and Warrant Share Number The number of shares of Common Stock for which this Warrant is exercisable, and the price at which such shares may be purchased upon exercise of this Warrant, shall be subject to adjustment from time to time as set forth in this Section 4. The Issuer shall give the Holder notice of any event described below which requires an adjustment pursuant to this Section 4 in accordance with Section 5. (a) Recapitalization, Reorganization, Reclassification,

  • Adjustment of Number of Warrant Shares and Exercise Price The number and kind of Warrant Shares purchasable upon exercise of this Warrant and the Exercise Price shall be subject to adjustment from time to time as follows:

  • No Adjustments in Certain Cases (i) Where Holders Participate in the Transaction or Event Without Conversion. Notwithstanding anything to the contrary in Section 5.05(A), the Company will not be obligated to adjust the Conversion Rate on account of a transaction or other event otherwise requiring an adjustment pursuant to Section 5.05(A) (other than a stock split or combination of the type set forth in Section 5.05(A)(i) or a tender or exchange offer of the type set forth in Section 5.05(A)(v)) if each Holder participates, at the same time and on the same terms as holders of Common Stock, and solely by virtue of being a Holder of Notes, in such transaction or event without having to convert such Holder’s Notes and as if such Holder held a number of shares of Common Stock equal to the product of (i) the Conversion Rate in effect on the related record date; and (ii) the aggregate principal amount (expressed in thousands) of Notes held by such Holder on such date.

  • Form of Warrant after Adjustments The form of this Warrant need not be changed because of any adjustments in the Warrant Price or the number and kind of Securities purchasable upon the exercise of this Warrant.

  • Minimum Adjustment of Exercise Price No adjustment of the Exercise Price shall be made in an amount of less than 1% of the Exercise Price in effect at the time such adjustment is otherwise required to be made, but any such lesser adjustment shall be carried forward and shall be made at the time and together with the next subsequent adjustment which, together with any adjustments so carried forward, shall amount to not less than 1% of such Exercise Price.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!