Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholder, in the manner set forth in Section 13(J), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 49 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (Atlantic Capital Bancshares, Inc.), Placement Agreement
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 12 (but only if the action of the type described in this Section 13 12 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable Share Number or a change in the type of securities or property to be delivered upon exercise of this a Warrant), the Company shall give deliver to the Warrant Agent a notice and shall cause such notice to be sent or communicated to the Warrantholder, Warrantholders in the manner set forth in Section 13(J)18, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this a Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 25 contracts
Samples: Warrant Agreement, Warrant Agreement, Warrant Agreement
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Warrant Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholder, in the manner set forth in Section 13(J), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 24 contracts
Samples: Warrant Agreement (Hawaiian Holdings Inc), Warrant Agreement (American Airlines, Inc.), Warrant Agreement (United Airlines, Inc.)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholder, in the manner set forth in Section 13(J13(I), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 14 contracts
Samples: Exchange Agreement (Central Pacific Financial Corp), Investment Agreement (Sterling Financial Corp /Wa/), Investment Agreement (Sterling Financial Corp /Wa/)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 12 (but only if the action of the type described in this Section 13 12 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable Share Number or a change in the type of securities or property to be delivered upon exercise of this a Warrant), the Company shall give deliver to the Warrant Agent a notice and shall cause such notice to be sent or communicated to the WarrantholderWarrantholders, in the manner set forth in Section 13(J)18, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this a Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 7 contracts
Samples: Warrant Agreement, Warrant Agreement, Warrant Agreement
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 Article II (but only if the action of the type described in this Section 13 Article II would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable Exercise Number or a change in the type of securities or property to be delivered upon exercise of this a Warrant), the Company shall give deliver to the Warrant Agent a notice and shall cause such notice to be sent or communicated to the Warrantholder, Holders in the manner set forth in Section 13(J)4.1, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this a Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 ten (10) days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 fifteen (15) days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 7 contracts
Samples: Warrant Agreement, Warrant Agreement (Primo Water Corp), Merger Agreement (Knight Capital Group, Inc.)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 15 (but only if the action of the type described in this Section 13 15 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give provide written notice to the Warrantholder, in the manner set forth in Section 13(J), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary (provided that in no event shall such notice contain any information that, at the time such notice is delivered, the Company reasonably believes to be material, non-public information) to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which that would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 7 contracts
Samples: Investment Agreement (Strategic Value Bank Partners LLC), Investment Agreement (First Foundation Inc.), Investment Agreement (First Foundation Inc.)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholder, in the manner set forth in Section 13(J13(F), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 6 contracts
Samples: Securities Agreement (Scio Diamond Technology Corp), Securities Agreement (Scio Diamond Technology Corp), Subordinated Note and Warrant Purchase Agreement (First Community Corp /Sc/)
Notice of Adjustment Event. In the event that the Company Corporation shall propose to take any action of the type described in this Section 13 11 (but only if the action of the type described in this Section 13 11 would result in an adjustment in the Exercise Conversion Price or the number of Shares into which this Warrant is exercisable Conversion Rate or a change in the type of securities or property to be delivered upon exercise conversion of this Warrantthe Designated Preferred Stock), the Company Corporation shall give notice to the Warrantholdereach holder of Designated Preferred Stock, in the manner set forth in Section 13(J11(k), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price Conversion Price, Conversion Rate and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise conversion of this Warrantthe Designated Preferred Stock. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 6 contracts
Samples: Exchange Agreement (Sterling Financial Corp /Wa/), Exchange Agreement, Exchange Agreement
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 12 (but only if the action of the type described in this Section 13 12 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the WarrantholderHolder, in the manner set forth in Section 13(J12(G), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 5 contracts
Samples: Warrant to Purchase Common Stock (Giga Tronics Inc), Warrant Agreement (Giga Tronics Inc), Securities Purchase Agreement (Giga Tronics Inc)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 8 (but only if the action of the type described in this Section 13 8 would result in an adjustment in the Exercise Price or the number of Warrant Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholderholder of this Warrant, in the manner set forth in Section 13(J)11, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 4 contracts
Samples: Transfer and Contribution Agreement, Warrant Agreement (Resource America, Inc.), Transfer and Contribution Agreement (Resource America, Inc.)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Shares into which issuable upon exercise of this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholder, in the manner set forth in Section 13(J13(I), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 five (5) days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 ten (10) days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 3 contracts
Samples: Investment Agreement (Third Coast Bancshares, Inc.), Warrant Agreement (Third Coast Bancshares, Inc.), Warrant Agreement (Third Coast Bancshares, Inc.)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholder, in the manner set forth in Section 13(J)20, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Ecb Bancorp Inc), Securities Purchase Agreement (Ecb Bancorp Inc), Securities Purchase Agreement (Ecb Bancorp Inc)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Warrant Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholder, in the manner set forth in this Section 13(J13(G), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 3 contracts
Samples: Warrant Agreement (Frontier Group Holdings, Inc.), Warrant Agreement (Frontier Group Holdings, Inc.), Warrant Agreement (Frontier Group Holdings, Inc.)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 12 (but only if the action of the type described in this Section 13 12 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable Share Number or a change in the type of securities or property to be delivered upon exercise of this a Unit Warrant), the Company shall give notice to the WarrantholderWarrantholders, in the manner set forth in Section 13(J12(H), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this a Unit Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 2 contracts
Samples: Warrant Agreement (Central European Media Enterprises LTD), Warrant Agreement (Central European Media Enterprises N.V.)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholder, in the manner set forth in this Section 13(J13(I), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 ten (10) days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 fifteen (15) days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 2 contracts
Samples: Investment Agreement (NewStar Financial, Inc.), Investment Agreement (NewStar Financial, Inc.)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 12 (but only if the action of the type described in this Section 13 12 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable Share Number or a change in the type of securities or property to be delivered upon exercise of this the Initial Warrant), the Company shall give notice to the WarrantholderWarrantholders, in the manner set forth in Section 13(J12(H), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this the Initial Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 2 contracts
Samples: Warrant Agreement (Central European Media Enterprises LTD), Warrant Agreement (CME Media Enterprises B.V.)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Shares into which issuable upon exercise of this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholder, in the manner set forth in Section 13(J13(I), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 ten (10) days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 fifteen (15) days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Intermountain Community Bancorp), Securities Purchase Agreement (Intermountain Community Bancorp)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 12 (but only if the action of the type described in this Section 13 12 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable Share Number or a change in the type of securities or property to be delivered upon exercise of this Warrantthe Private Unit Warrants), the Company shall give notice to the WarrantholderWarrantholders, in the manner set forth in Section 13(J12(H), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrantthe Private Unit Warrants. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 2 contracts
Samples: Warrant Agreement (Central European Media Enterprises LTD), Warrant Agreement (Central European Media Enterprises N.V.)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 12 (but only if the action of the type described in this Section 13 12 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable Share Number or a change in the type of securities or property to be delivered upon exercise of this a Warrant), the Company shall give notice to the WarrantholderWarrantholders, in the manner set forth in Section 13(J12(H), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this a Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 2 contracts
Samples: Warrant Agreement (Sears Holdings Corp), Warrant Agreement (Sears Holdings Corp)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Shares into which issuable upon exercise of this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholder, in the manner set forth in Section 13(J), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 five (5) days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 ten (10) days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 2 contracts
Samples: Warrant Agreement (Pathfinder Bancorp, Inc.), Securities Purchase Agreement (Pathfinder Bancorp, Inc.)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 2 (but only if the action of the type described in this Section 13 2 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable Number or a change in the type stock of securities or property the Company to be delivered upon exercise of this a Warrant), the Company shall give cause a notice to be sent or communicated to the Warrantholder, Holder in the manner set forth in Section 13(J)4.1, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price Number and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this a Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 ten (10) days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 fifteen (15) days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 2 contracts
Samples: Unit Subscription Agreement, Unit Subscription Agreement (QLT Inc/Bc)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Shares into which issuable upon the exercise of this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholder, in the manner set forth in Section 13(J13(G), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 ten (10) days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 fifteen (15) days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Notice of Adjustment Event. In the event that the Company Corporation shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company Corporation shall give notice to the Warrantholder, in the manner set forth in Section 13(J13(G), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action, except if it is impracticable to provide such 15 days’ prior notice, then the Company shall provide such notice as soon as it is reasonably able prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Samples: Securities Purchase Agreement (General Electric Co)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 12 (but only if the action of the type described in this Section 13 12 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable Share Number or a change in the type of securities or property to be delivered upon exercise of this Warrantthe Term Warrants), the Company shall give notice to the WarrantholderWarrantholders, in the manner set forth in Section 13(J12(H), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrantthe Term Warrants. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Samples: Warrant Agreement (Central European Media Enterprises N.V.)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholder, in the manner set forth in Section 13(J)19, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Samples: Securities Purchase Agreement (First Mariner Bancorp)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 6 (but only if the action of the type described in this Section 13 6 would result in an adjustment in the Exercise Price or the number of Shares shares of Common Stock into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the WarrantholderHolder, in the manner set forth in Section 13(J)6.9, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 ten (10) days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 fifteen (15) days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Samples: Warrant Agreement (QCR Holdings Inc)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 12 (but only if the action of the type described in this Section 13 12 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable Share Number or a change in the type of securities or property to be delivered upon exercise of this a Warrant), the Company shall give deliver to the Warrant Agent a notice and shall cause such notice to be sent or communicated to the Warrantholder, Warrantholders in the manner set forth in Section 13(J12(H), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this a Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholder, in the manner set forth in Section 13(J13(H), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 ten (10) days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 fifteen (15) days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Warrant Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholder, in the manner set forth in Section 13(J), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Samples: Warrant Agreement (Skywest Inc)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 3(c) (but only if the action of the type described in this Section 13 3(c) would result in an adjustment in the Exercise Conversion Price or the number of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this WarrantConversion), the Company shall give notice to the WarrantholderHolder, in the manner set forth in Section 13(J)9, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Conversion Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this WarrantConversion. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days five Business Days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days 10 Business Days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Kongzhong Corp)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Warrant Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholder, in the manner set forth in Section 13(J), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.proposed
Appears in 1 contract
Samples: Warrant Agreement (Atlas Air Worldwide Holdings Inc)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 Article II (but only if the action of the type described in this Section 13 Article II would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable Exercise Number or a change in the type stock of securities or property the Company to be delivered upon exercise of this a Warrant), the Company shall give deliver to the Warrant Agent a notice and shall cause such notice to be sent or communicated to the Warrantholder, Holders in the manner set forth in Section 13(J)4.1, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this a Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 ten (10) days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 fifteen (15) days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Notice of Adjustment Event. In the event that the Company Corporation shall propose to take any action of the type described in this Section 13 7(c) (but only if the action of the type described in this Section 13 7(c) would result in an adjustment in the Exercise Mandatory Conversion Price or the number of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise mandatory conversion of this Warrantthe Series A Preferred Stock), the Company Corporation shall give notice to the Warrantholderholder of the Series A Preferred Stock, at the address appearing in the manner set forth in Section 13(J)Corporation’s records, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Mandatory Conversion Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise conversion of this Warrantthe Series A Preferred Stock. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Samples: Investment Agreement (Mbia Inc)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Warrant Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholder, in the manner set forth in Section 13(J), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Samples: Warrant Agreement (Skywest Inc)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 10 (but only if the action of the type described in this Section 13 10 would result in an adjustment in the Exercise Price or the number of Ordinary Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give prompt notice to the Warrantholder, in the manner set forth in Section 13(J)14, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days five Business Days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days 10 Business Days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Kongzhong Corp)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 12 (but only if the action of the type described in this Section 13 12 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the WarrantholderWarrantholders, by first-class mail at their addresses in the manner set forth in Section 13(J)Warrant registry, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Notice of Adjustment Event. In the event that the Company Borrower shall propose to take any action of the type described in this Section paragraph 13 (but only if the action of the type described in this Section paragraph 13 would result in an adjustment in the Exercise Conversion Price or the number of New Shares into which this Warrant Loan Note is exercisable convertible or a change in the type of securities or property to be delivered upon exercise conversion of this WarrantLoan Note), the Company Borrower shall give notice to the WarrantholderLender, in the manner set forth in Section 13(J)this paragraph 13, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Conversion Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise conversion of this WarrantLoan Note. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 ten (10) business days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 fifteen (15) business days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Samples: Loan Agreement (Vantage Drilling CO)
Notice of Adjustment Event. In the event that the Company Corporation shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company Corporation shall give notice to the Warrantholder, in the manner set forth in Section 13(J13(G), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Samples: Securities Purchase Agreement (Bank of America Corp /De/)
Notice of Adjustment Event. In the event that the Company Bank shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company Bank shall give notice to the Warrantholder, in the manner set forth in Section 13(J), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which that would require the fixing of a record date, such notice shall be given at least 10 ten (10) calendar days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 fifteen (15) calendar days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Samples: Warrant Agreement (Bank of N.T. Butterfield & Son LTD)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Warrant Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholder, in the manner set forth in Section 13(J), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Samples: Warrant Agreement (Skywest Inc)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Shares into which issuable upon exercise of this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholder, in the manner set forth in Section 13(J), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 ten (10) days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 fifteen (15) days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Notice of Adjustment Event. In the event that the Company Corporation shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company Corporation shall give notice to the Warrantholder, in the manner set forth in Section 13(J13(G), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action, except if it is impracticable to provide such 15 days’ prior notice, then the Corporation shall provide such notice as soon as it is reasonably able prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 8 (but only if the action of the type described in this Section 13 8 would result in an adjustment in the Warrant Exercise Price or the number of Warrant Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholderholder of this Warrant, in the manner set forth in Section 13(J)10, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Warrant Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholder, in the manner set forth in Section 13(J), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 ten (10) days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 fifteen (15) days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 14(B) or (C) (but only if the action of the type described in this Section 13 14(B) or (C) would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholder, in the manner set forth in Section 13(J14(H), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 12 (but only if the action of the type described in this Section 13 12 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the WarrantholderWarrantholders, by first-class mail at their addresses appearing in the manner set forth in Section 13(J)Company’s records, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Notice of Adjustment Event. In the event that the Company Corporation shall propose to take any action of the type described in this Section 13 (but only if the action of the type described in this Section 13 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company Corporation shall give notice to the Warrantholder, in the manner set forth in Section 13(J13(H), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which that shall be deliverable upon exercise of this Warrant. In the case of any action which that would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Samples: Securities Purchase Agreement (Occidental Petroleum Corp /De/)
Notice of Adjustment Event. In the event that the Company Corporation shall propose to take any action of the type described in this Section 13 12 (but only if the action of the type described in this Section 13 12 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company Corporation shall give notice to the Warrantholder, in the manner set forth in Section 13(J12(E), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which that shall be deliverable upon exercise of this Warrant. In the case of any action which that would require the fixing of a record date, such notice shall be given at least 10 5 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 10 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Samples: Securities Purchase Agreement (Evergy Kansas Central, Inc.)
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 13(B) or (C) (but only if the action of the type described in this Section 13 13(B) or (C) would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of this Warrant), the Company shall give notice to the Warrantholder, in the manner set forth in Section 13(J13(H), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract
Notice of Adjustment Event. In the event that the Company shall propose to take any action of the type described in this Section 13 12 (but only if the action of the type described in this Section 13 12 would result in an adjustment in the Exercise Price or the number of Shares into which this Warrant is exercisable Share Number or a change in the type of securities or property to be delivered upon exercise of this a Warrant), the Company shall give deliver to the Warrant Agent a notice and shall cause such notice to be sent or communicated to the Warrantholder, Warrantholders in the manner set forth in Section 13(J)19, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of this a Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Failure to give such notice, or any defect therein, shall not affect the legality or validity of any such action.
Appears in 1 contract