Notices to Holder. (a) Upon any adjustment of this Option pursuant to this Section 2, the Company shall promptly thereafter (i) cause a certificate to be executed by the Company 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 Option Shares issuable after such adjustment in the Exercise Price, upon exercise of the Option in full and payment of the adjusted Exercise Price, which certificate shall be conclusive evidence of the correctness of the matters set forth therein, and (ii) notify the Holder of such adjustments by sending it a copy of the certificate referenced in the preceding clause (i). Where appropriate, such notice may be given in advance. (b) The failure to give the notice required by this Section 2.3 or any defect therein shall not affect the legality or validity of the transaction to which it relates.
Appears in 5 contracts
Samples: Option to Purchase Common Stock (Bitzio, Inc.), Option Agreement (Bitzio, Inc.), Option Agreement (Bitzio, Inc.)
Notices to Holder. (a) Upon any adjustment of this Option Warrant pursuant to this Section 2, the Company shall promptly thereafter (i) cause a certificate to be executed by the Company 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 Option Warrant Shares issuable after such adjustment in the Exercise Price, upon exercise of the Option Warrant in full and payment of the adjusted Exercise Price, which certificate shall be conclusive evidence of the correctness of the matters set forth therein, and (ii) notify the Holder of such adjustments by sending it a copy of the certificate referenced in the preceding clause (i). Where appropriate, such notice may be given in advance.
(b) The failure to give the notice required by this Section 2.3 2.5 or any defect therein shall not affect the legality or validity of the transaction to which it relates.
Appears in 3 contracts
Samples: Warrant Agreement (Compucredit Corp), Warrant Agreement (Compucredit Corp), Warrant Agreement (Compucredit Corp)
Notices to Holder. (a) Upon any adjustment of this Option Warrant pursuant to this Section 2, the Company shall promptly thereafter (i) cause a certificate to be executed by the Company 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 Option Warrant Shares issuable after such adjustment in the Exercise Price, upon exercise of the Option Warrant in full and payment of the adjusted Exercise Price, which certificate shall be conclusive evidence of the correctness of the matters set forth therein, and (ii) notify the Holder of such adjustments by sending it a copy of the certificate referenced in the preceding clause (i). Where appropriate, such notice may be given in advance.
(b) The failure to give the notice required by this Section 2.3 2.4 or any defect therein shall not affect the legality or validity of the transaction to which it relates.
Appears in 1 contract
Samples: Warrant Agreement (Ndchealth Corp)