No Adjustments in Certain Cases. No adjustment to the Exercise Price under Paragraph (b) of Subsection 3.1 or under Subsection 3.3, or to the number of shares issuable upon exercise of this Warrant under Section 4 shall be made: (a) for the existence of, and any exercise, conversion or issuance of, any Common Stock or other security of the Company under (i) the Warrants; (ii) any option, warrant, or other right to purchase Common Stock that is outstanding on the Agreement Date, (iii) any option issued under the Company's 1992 Stock Option Plan, as in effect on the Agreement Date, (iv) any option or contract right issued as compensation to an officer, director, employee or consultant of the Company, whether or not issued pursuant to the 1992 Stock Option Plan; (v) the Series A Preferred Stock and the issuance of Common Stock as dividends or upon conversion of, the Series A Preferred Stock; (vi) the Six Percent Convertible Debentures and the issuance of Common Stock as interest on, or upon conversion of, the Six Percent Convertible Debentures; or (vii) upon the issuance of Common Stock or other Convertible Securities as a result of the exercise or conversion of any option or warrant or other right of the Holder to acquire Common Stock of Convertible Securities of the Company, whether outstanding as of the Agreement Date or issued at any time subsequent to the Agreement date. (b) upon the issuance of Common Stock upon exercise or conversion of any option, warrant or other right or Convertible Securities for which adjustments have previously been made upon issuance of such option, warrant, right or Convertible Securities.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (U S Wireless Data Inc), Common Stock Purchase Warrant (U S Wireless Data Inc)
No Adjustments in Certain Cases. No adjustment to the Exercise Price under Paragraph (b) of Subsection 3.1 or under Subsection 3.3, or to the number of shares issuable upon exercise of this Warrant under Section 4 shall be made:
(a) for the existence of, and any exercise, conversion or issuance of, any Common Stock or other security of the Company under (ia) the Warrants; (iib) any option, warrant, or other right to purchase Common Stock that is outstanding on the Agreement Date, (iiic) any option issued under the Company's 1992 Stock Option Plan, as in effect on the Agreement Date, (iv) any option or contract right issued as compensation to an officer, director, employee or consultant of the Company, whether or not issued pursuant to the 1992 Stock Option Plan; (vd) the Series A Preferred Stock and the issuance of Common Stock as dividends or upon conversion of, the Series A Preferred Stock; (vi) the Six Percent Convertible Debentures and the issuance of Common Stock as interest on, or upon conversion of, the Six Percent Convertible Debentures; or (viie) upon the issuance of Common Stock or other Convertible Securities as a result of the exercise or conversion of any option or warrant or other right of the Holder to acquire Common Stock of Convertible Securities of the Company, whether outstanding as of the Agreement Date or issued at any time subsequent to the Agreement date.
(b) upon the issuance of Common Stock upon exercise or conversion of any option, warrant or other right or Convertible Securities for which adjustments have previously been made upon issuance of such option, warrant, right or Convertible Securities.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (U S Wireless Data Inc), Common Stock Purchase Warrant (U S Wireless Data Inc)
No Adjustments in Certain Cases. No adjustment to the Exercise Price under Paragraph (b) of Subsection 3.1 or under Subsection 3.3, or to the number of shares issuable upon exercise of this Warrant under Section 4 shall be made:
(a) for the existence of, and any exercise, conversion or issuance of, any Common Stock or other security of the Company under (ia) the Warrants; (iib) any option, warrant, or other right to purchase Common Stock that is outstanding on the Agreement Date, (iiic) any option issued under the Company's 1992 Stock Option Plan, as in effect on the Agreement Date, (iv) any option or contract right issued as compensation to an officer, director, employee or consultant of the Company, whether or not issued pursuant to the 1992 Stock Option Plan; (vd) the Series A Preferred Stock and Debentures (including the issuance of Common Stock as dividends or preferred stock upon conversion of, of the Series A Preferred Stock; (vi) the Six Percent Convertible Debentures and the issuance of Common Stock as interest oninterest, dividends or upon conversion of, the Six Percent Convertible Debentures; or (vii) upon the issuance of Common Stock or other Convertible Securities as a result of the exercise or conversion of any option or warrant or other right of the Holder to acquire Common Stock of Convertible Securities of the Company, whether outstanding as of the Agreement Date or issued at any time subsequent to the Agreement date.Debentures and/or such preferred stock); or
(b) upon the issuance of Common Stock upon exercise or conversion of any option, warrant or other right or Convertible Securities for which adjustments have previously been made upon issuance of such option, warrant, right or Convertible Securities.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (U S Wireless Data Inc)
No Adjustments in Certain Cases. No adjustment to the Exercise Price under Paragraph (b) of Subsection 3.1 or under Subsection 3.3, or to the number of shares issuable upon exercise of this Warrant under Section 4 shall be made:
(a) for the existence of, and any exercise, conversion or issuance of, any Common Stock or other security of the Company under (ia) the Warrants; (iib) any option, warrant, or other right to purchase Common Stock or any other security which is exercisable for or convertible into Common Stock that is outstanding on the Agreement Date, (iiic) any option issued or which may be issued under the Company's 1992 Stock Option Plan, as in effect on the Agreement Date, (iv) any option or contract right issued as compensation to an officer, director, employee or consultant of the Company, whether or not issued pursuant to the 1992 Stock Option Plan; (vd) the Series A Preferred Stock and the issuance of Common Stock as dividends or upon conversion of, the Series A Preferred Stock; (vi) the Six Percent Convertible Debentures and the issuance of Common Stock as interest on, or upon conversion of, the Six Percent Convertible Debentures; or (viie) upon the issuance of Common Stock or other Convertible Securities as a result of the exercise or conversion of any option or warrant or other right of the Registered Holder to acquire Common Stock of or Convertible Securities of the Company, whether outstanding as of the Agreement Date or issued at any time subsequent to the Agreement dateDate.
(b) upon the issuance of Common Stock upon exercise or conversion of any option, warrant or other right or Convertible Securities for which adjustments have previously been made upon issuance of such option, warrant, right or Convertible Securities.
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