Common use of Notices to Warrant Holder Clause in Contracts

Notices to Warrant Holder. So long as this Warrant shall be outstanding, (i) if the Corporation shall pay any dividend or make any distribution upon the Common Stock or (ii) if the Corporation shall offer to the holders of Common Stock for subscription or purchase by them any share of any class or any other rights or (iii) if any capital reorganization of the Corporation, reclassification of the capital stock of the Corporation, consolidation or merger of the Corporation with or into another corporation, sale, lease or transfer of all or substantially all of the property and assets of the Corporation to another corporation, or voluntary or involuntary dissolution, liquidation or winding up of the Corporation shall be effected, then in any such case, the Corporation shall cause to be mailed by certified mail to the Holder, at least ten days prior to the date specified in (x) or (y) below, as the case may be, a notice containing a brief description of the proposed action and stating the date on which (x) a record is to be taken for the purpose of such dividend, distribution or rights, or (y) such reclassification, reorganization, consolidation, merger, conveyance, lease, dissolution, liquidation or winding up is to take place and the date, if any is to be fixed, as of which the holders of Common Stock or other securities shall receive cash or other property deliverable upon such reclassification, reorganization, consolidation, merger, conveyance, dissolution, liquidation or winding up.

Appears in 4 contracts

Samples: Lithium Technology Corp, Lithium Technology Corp, Lithium Technology Corp

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Notices to Warrant Holder. So long as this Warrant shall be outstanding, (ia) if the Corporation Company shall pay any dividend or make any distribution upon the Common Stock (other than a regular cash dividend payable out of retained earnings) or (iib) if the Corporation Company shall offer to the holders of Common Stock for subscription or purchase by them any share of any class or any other rights or (iiic) if any capital reorganization of the CorporationCompany, reclassification of the capital stock of the CorporationCompany, consolidation or merger of the Corporation Company with or into another corporation, sale, lease or transfer of all or substantially all of the property and assets of the Corporation Company to another corporation, or voluntary or involuntary dissolution, liquidation or winding up of the Corporation Company shall be effected, then in any such case, the Corporation Company shall cause to be mailed by certified mail mail, return receipt requested, to the Holder, at least ten fifteen days prior to the date specified in clauses (xi) or and (y) belowii), as the case may be, of this Section 8 a notice containing a brief description of the proposed action and stating the date on which (xi) a record is to be taken for the purpose of such dividend, distribution or rights, or (yii) such reclassification, reorganization, consolidation, merger, conveyance, lease, dissolution, liquidation or winding up is to take place and the date, if any is to be fixed, as of which the holders of Common Stock or other securities shall receive cash or other property deliverable upon such reclassification, reorganization, consolidation, merger, conveyance, dissolution, liquidation or winding up.

Appears in 2 contracts

Samples: NaturalNano , Inc., NaturalNano , Inc.

Notices to Warrant Holder. So long as this Warrant shall be outstanding, (i) if the Corporation Company shall pay any dividend or make any distribution upon the Common Stock or (ii) if the Corporation Company shall offer to the holders of Common Stock for subscription or purchase by them any share of any class or any other rights or (iii) if any capital reorganization of the CorporationCompany, reclassification of the capital stock of the CorporationCompany, consolidation or merger of the Corporation Company with or into another corporation, sale, lease or transfer of all or substantially all of the property and assets of the Corporation Company to another corporation, or voluntary or involuntary dissolution, liquidation or winding up of the Corporation Company shall be effected, then in any such case, the Corporation Company shall cause to be mailed by certified mail to the Holder, at least ten fifteen days prior to the date specified in (x) or (y) below, as the case may be, a notice containing a brief description of the proposed action and stating the date on which (x) a record is to be taken for the purpose of such dividend, distribution or rights, or (y) such reclassification, reorganization, consolidation, merger, conveyance, lease, dissolution, liquidation or winding up is to take place and the date, if any is to be fixed, as of which the holders of Common Stock or other securities shall receive cash or other property deliverable upon such reclassification, reorganization, consolidation, merger, conveyance, dissolution, liquidation or winding up.

Appears in 2 contracts

Samples: Digital Products Corp, Digital Products Corp

Notices to Warrant Holder. So long as this Warrant shall be outstanding, outstanding and unexercised (i) if the Corporation Company shall pay any dividend or make any distribution upon the Common Stock or (ii) if the Corporation Company shall offer to the holders of Common Stock for subscription or purchase by them any share shares of stock of any class or any other rights or (iii) if any capital reorganization of the CorporationCompany, reclassification of the capital stock of the CorporationCompany, consolidation or merger of the Corporation Company with or into another corporation, sale, lease or transfer of all or substantially all of the property and assets of the Corporation Company to another corporation, or voluntary or involuntary dissolution, liquidation or winding up of the Corporation Company shall be effected, then in any such case, the Corporation Company shall cause to be mailed by certified mail delivered to the Holder, at least ten days prior to the date specified in (x) or (y) below, as the case may be, a notice containing a brief description of the proposed action and stating the date on which (x) a record is to be taken for the purpose of such dividend, distribution or rights, or (y) such reclassification, reorganization, consolidation, merger, conveyance, lease, dissolution, liquidation or winding up is to take place and the date, if any any, is to be fixed, as of which the holders of Common Stock or other of record shall be entitled to exchange their shares of Common Stock for securities shall receive cash or other property deliverable upon such reclassification, reorganization, consolidation, merger, conveyance, dissolution, liquidation or winding up.

Appears in 1 contract

Samples: Consulting Agreement (Cytrx Corp)

Notices to Warrant Holder. So long as this Warrant shall be outstanding, (i) if the Corporation Company shall pay any dividend or make any distribution upon the Common Stock or (ii) if the Corporation Company shall offer to the holders of Common Stock for subscription or purchase by them any share of any class or any other rights or (iii) if any capital reorganization of the CorporationCompany, reclassification of the capital stock of the CorporationCompany, consolidation or merger of the Corporation Company with or into another corporation, sale, lease or transfer of all or substantially all of the property and assets of the Corporation Company to another corporation, or voluntary or involuntary dissolution, liquidation or winding up of the Corporation Company shall be effected, then in any such case, the Corporation Company shall cause to be mailed by certified mail to the Holder, at least ten twenty days prior to the date earlier of the dates specified in (x) or and (y) below, as the case may be, a notice containing a brief description of the proposed action and stating the date on which (x) a record is to be taken for the purpose of such dividend, distribution or rights, or (y) such reclassification, reorganization, consolidation, merger, conveyance, lease, dissolution, liquidation or winding up is to take place and the date, if any is to be fixed, as of which the holders of Common Stock or other securities shall receive cash or other property deliverable upon such reclassification, reorganization, consolidation, merger, conveyance, dissolution, liquidation or winding up.

Appears in 1 contract

Samples: Harmony Energy Technologies Corp

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Notices to Warrant Holder. So long as this Warrant shall be outstanding, the Company shall cause to be delivered to the Holder at least 15 days prior written notice of the time, place and agenda of any meeting of its stockholders or the Board of Directors at which it is proposed to authorize the issuance of any shares of Preferred Stock or any securities, options, warrants or rights of conversion the exercise of which would entitle the holder thereof to receive shares of Preferred Stock. In addition, (i) if the Corporation Company shall pay any dividend or make any distribution upon the Common Stock shares of its Preferred Stock, or (ii) if the Corporation Company shall offer to the holders of Common Preferred Stock for subscription or purchase by them any share shares of stock of any class classes or any other rights rights, or (iii) if any capital reorganization of the CorporationCompany, reclassification of the capital stock Preferred Stock of the CorporationCompany, consolidation or merger of the Corporation Company with or into another corporation, sale, lease or transfer of all or substantially all of the property and assets of the Corporation to another corporation, or voluntary or involuntary dissolution, liquidation or winding up of the Corporation Company shall be effected, then then, in any such case, the Corporation Company shall cause to be mailed by certified mail delivered to the Holder, at least ten 30 days prior to the date specified in (xa) or (yb) below, as the case may be, a notice containing a brief description of the proposed action and stating the date on which (xa) a record is to be taken or the stock transfer books of the Company are to be closed for the purpose of determining the stockholders entitled to receive such dividend, distribution or rights, or (yb) such reclassification, reorganization, consolidation, merger, conveyance, lease, dissolution, liquidation or winding up is to take place and the date, if any a record is to be fixed, as taken or the stock transfer books of which the holders Company are to be closed for the purpose of Common determining the stockholders entitled to exchange their shares of Preferred Stock or other for securities shall receive cash or other property deliverable upon such reclassification, reorganization, consolidation, merger, conveyance, dissolution, liquidation or winding up.

Appears in 1 contract

Samples: Bev Tyme Inc

Notices to Warrant Holder. So long as this Warrant shall be outstanding, the Company shall cause to be delivered to the Holder at least 15 days prior written notice of the time, place and agenda of any meeting of its stockholders or the Board of Directors at which it is proposed to authorize the issuance of any shares of Common Stock or any securities, options, warrants or rights of conversion the exercise of which would entitle the holder thereof to receive shares of Common Stock. In addition, (i) if the Corporation Company shall pay any dividend or make any distribution upon the shares of its Common Stock Stock, or (ii) if the Corporation Company shall offer to the holders of Common Stock for subscription or purchase by them any share shares of stock of any class classes or any other rights rights, or (iii) if any capital reorganization of the CorporationCompany, reclassification of the capital stock Common Stock of the CorporationCompany, consolidation or merger of the Corporation Company with or into another corporation, sale, lease or transfer of all or substantially all of the property and assets of the Corporation to another corporation, or voluntary or involuntary dissolution, liquidation or winding up of the Corporation Company shall be effected, then then, in any such case, the Corporation Company shall cause to be mailed by certified mail delivered to the Holder, at least ten 30 days prior to the date specified in (xa) or (yb) below, as the case may be, a notice containing a brief description of the proposed action and stating the date on which (xa) a record is to be taken or the stock transfer books of the Company are to be closed for the purpose of determining the stockholders entitled to receive such dividend, distribution or rights, or (yb) such reclassification, reorganization, consolidation, merger, conveyance, lease, dissolution, liquidation or winding up is to take place and the date, if any a record is to be fixed, as taken or the stock transfer books of which the holders Company are to be closed for the purpose of determining the stockholders entitled to exchange their shares of Common Stock or other for securities shall receive cash or other property deliverable upon such reclassification, reorganization, consolidation, merger, conveyance, dissolution, liquidation or winding up.

Appears in 1 contract

Samples: Bev Tyme Inc

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