Common use of No Fractional Shares and Certificate as to Adjustments Clause in Contracts

No Fractional Shares and Certificate as to Adjustments. i) No fractional shares shall be issued upon conversion of the Preferred Stock and the number of shares of Common Stock to be issued shall be rounded to the nearest whole share. Whether or not fractional shares are issuable upon such conversion shall be determined on the basis of the total number of shares of Preferred Stock the holder is at the time converting into Common Stock and the number of shares of Common Stock issuable upon such aggregate conversion.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Rubios Restaurants Inc), Preferred Stock Purchase Agreement (Rubios Restaurants Inc)

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No Fractional Shares and Certificate as to Adjustments. (i) No fractional shares shall be issued upon the conversion of the Preferred Stock Note and the number of shares of Common Stock to be issued shall be rounded to the nearest whole share. Whether or not fractional shares are issuable upon such conversion shall be determined on the basis of the total number amount of shares of Preferred Stock the holder Note the Lender is at the time converting into Common Stock and the number of shares of Common Stock issuable upon such aggregate conversion.

Appears in 2 contracts

Samples: Credit Agreement (Amerigon Inc), Credit Agreement (Amerigon Inc)

No Fractional Shares and Certificate as to Adjustments. i(1) No fractional shares shall be issued upon conversion of the Preferred Stock this Debenture or any portion thereof, and the number of shares of Common Stock to be issued shall be rounded to the nearest whole share. Whether or not fractional shares are issuable upon such conversion shall be determined on the basis of the total number principal amount of shares of Preferred Stock the holder this Debenture that Holder is at the time converting into Common Stock and the number of shares of Common Stock and the number of shares of Common Stock issuable upon such aggregate conversion.

Appears in 1 contract

Samples: Security Agreement (Hybrid Networks Inc)

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No Fractional Shares and Certificate as to Adjustments. (i) No fractional shares shall be issued upon the conversion of the Preferred Stock Note and the number of shares of Class A Common Stock to be issued shall be rounded to the nearest whole share. Whether or not fractional shares are issuable upon such conversion shall be determined on the basis of the total number amount of shares of Preferred Stock Note the holder Lender is at the time converting into Class A Common Stock and the number of shares of Class A Common Stock issuable upon such aggregate conversion.

Appears in 1 contract

Samples: Credit Agreement (Amerigon Inc)

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