Notices of Adjustments. Whenever the Exercise Price or the number of Warrant Shares shall be adjusted pursuant to paragraph 3, the Company shall forthwith deliver to the Holder a certificate prepared by the Company, setting forth, in reasonable detail, the event requiring the adjustment and the method by which such adjustment was calculated (including a description of the basis on which the Board of Directors of the Company determined the fair value of any evidences of indebtedness, shares of stock, other securities or property or warrants or other subscription or purchase rights), specifying the number of Warrant Shares then issuable hereunder, the Exercise Price after giving effect to such adjustment and (to the extent applicable) describing the number and kind of any other shares of stock for which the Warrant is exercisable. In the event that the Holder shall disagree with any such adjustment or with the terms of any new agreement to be entered into pursuant to paragraph 3(c), it shall notify the Company thereof and any disagreement shall be resolved by an investment banking firm of nationally recognized standing mutually agreeable to the Company and the Holder, or if the Company and the Holder are unable to agree upon an investment banking firm, an investment banking firm selected by an investment banking firm chosen by the Company and an investment banking firm chosen by the Holder.
Notices of Adjustments. Upon the happening of any event requiring an adjustment of the Warrant Price or the number of Warrant Shares purchasable hereunder, the Company shall promptly give written notice thereof to the Holder at the address appearing in the records of the Company, stating the adjusted Warrant Price and/or the adjusted number of Warrant Shares resulting from such event and setting forth in reasonable detail the method of calculation and the facts upon which such calculation is based. Failure to give such notice to the Holder or any defect therein shall not affect the legality or validity of the subject adjustment.
Notices of Adjustments. Whenever there shall be any adjustment in the Warrant Price and/or the number of shares, or securities or property, issuable upon exercise of this Warrant pursuant to Section 4 hereof, the Company shall execute and deliver a certificate signed by its Chief Financial Officer setting forth, in reasonable detail, the event requiring the adjustment, the amount of the adjustment, the method by which such adjustment was calculated, and the Warrant Price or Prices and the resulting number of shares of Series F Preferred Stock or other securities or property issuable upon exercise of this Warrant after giving effect to such adjustment, and shall cause copies of such certificate to be mailed (by first-class mail, postage prepaid) to the holder of this Warrant.
Notices of Adjustments. Whenever the conversion rate and conversion price is adjusted as herein provided, an officer of the Corporation shall compute the adjusted conversion rate and conversion price in accordance with the foregoing provisions and shall prepare a written certificate setting forth such adjusted conversion rate and conversion price and showing in detail the facts upon which such adjustment is based, and such written instrument shall promptly be delivered to the record holders of the Series D Preferred Stock.
Notices of Adjustments. After each adjustment of the Exercise Price or the number of Shares issuable upon exercise of any of the aforementioned option pursuant to this Section 1.3, the Company will promptly (but in all cases within seven (7) days) prepare a notice to the Investor setting forth: (i) the Exercise Price, as so adjusted, (ii) the number of shares of Option Stock purchasable upon exercise of the option after such adjustment, and (iii) a brief statement of the facts accounting for such adjustment. The Company will cause such notice to be sent by overnight courier to the Investor at his last address as it shall appear on the registry books of the Company.
Notices of Adjustments. (a) Immediately upon any adjustment in the number or type of shares subject to this Warrant or the Purchase Price, the Company shall give written notice thereof to the Holder, setting forth in reasonable detail and certifying the calculation of such adjustment, the adjusted Purchase Price and the adjusted number or type of shares of Common Stock or other securities or property issuable upon exercise hereof (as applicable) and describing the transactions giving rise to such adjustment.
Notices of Adjustments. Upon any adjustment of the Exercise Price pursuant to this Section 6, the Issuer shall promptly thereafter (i) cause to be filed with the Warrant Agent a certificate of the chief accounting officer of the Issuer setting forth the Exercise Price after such adjustment and setting forth in reasonable detail the method of calculation and the facts upon which such calculations are based and setting forth the number of shares of Warrant Stock (or portion thereof) comprising a Stock Unit and issuable after such adjustment in the Exercise Price, upon exercise of a Warrant and payment of the adjusted Exercise Price, which certificate shall be conclusive evidence of the correctness of the matters set forth therein, and (ii) cause to be given to each of the registered Holders of the Warrant Certificates at his address appearing on the Warrant register written notice of such adjustments by first-class mail, postage prepaid. The Warrant Agent shall be entitled to rely on the above-referenced officer's certificate and shall be under no duty or responsibility with respect to any such certificate, except to exhibit the same from time to time to any Holder desiring an inspection thereof during reasonable business hours. The Warrant Agent shall not at any time be under any duty or responsibility to any Holder to determine whether any facts exist that may require any adjustment of the number of shares of Common Stock or other stock or property issuable on exercise of the Warrants or the Exercise Price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed in making such adjustment or the validity or value (or the kind or amount) of any shares of Common Stock or other stock or property which may be issuable on exercise of the Warrants. The Warrant Agent shall not be responsible for any failure of the Issuer to make any cash payment or to issue, transfer or deliver any shares of Common Stock or stock certificates or other common stock or property upon the exercise of any Warrant.
Notices of Adjustments. Whenever the number of Shares purchasable hereunder or the Warrant Exercise Price thereof shall be adjusted pursuant to Section 3 hereof, the Company shall provide notice to the holder of this Warrant setting forth, in reasonable detail, the event requiring the adjustment, the amount of the adjustment, the method by which such adjustment was calculated, and the number of Shares which may be purchased and the Warrant Exercise Price therefor after giving effect to such adjustment.
Notices of Adjustments. When any adjustment is required to be made under Section 4, the Company shall promptly (a) determine such adjustments, (b) prepare and retain on file a statement describing in reasonable detail the method used in arriving at the adjustment; and (c) cause a copy of such statement, together with any agreement required by Section 5.5, to be mailed to the Holder within 10 days after the date on which the circumstances giving rise to such adjustment occurred.
Notices of Adjustments. (a) Whenever the Number of Shares is adjusted as herein provided:
(i) The Company shall compute the adjusted Number of Shares in accordance with Section 15 and shall prepare a certificate signed by the Treasurer or Chief Financial Officer of the Company setting forth the adjusted Number of Shares and showing in reasonable detail the facts upon which such adjustment is based, and such certificate shall within 15 days thereafter be filed (with a copy to the Trustee) at each office or agency maintained for the purpose of exercise of Warrants pursuant to this Agreement; and
(ii) a notice stating that the Number of Shares has been adjusted and setting forth the adjusted Number of Shares shall be prepared within 15 days thereafter, and as soon as practicable after it is prepared, such notice shall be furnished by the Company to the Trustee and mailed by the Company at its expense to all registered holders at their last addresses as they shall appear in the Warrant register.
