Common use of Officers’ Statement as to Adjustments Clause in Contracts

Officers’ Statement as to Adjustments. Whenever the Exchange Price and/or number of shares of Warrant Stock subject to the Warrant is required to be adjusted as provided in Section 4, the Company shall forthwith file at each office designated for the exchange of this Warrant with a copy to the Holder notice parties set forth in Section 7 hereof a statement, signed by the Chief Executive Officer or Chief Financial Officer of the Company, showing in reasonable detail the facts requiring such adjustment, the Exchange Price and number of issuable shares that will be effective after such adjustment; provided, however, such statement shall not be required to the extent the information requested in this Section 4.6 is available through the Company’s current reports filed with the Securities and Exchange Commission. If at any time the information described in this Section 4.6 is readily available through the Company’s reports filed with the Securities and Exchange Commission, the Company shall not be required to provide a separate notice of adjustment to the Holder; provided, however, if such information is not readily available through the Company’s current reports filed with the Securities Exchange Commission and made public, the Company shall cause a notice setting forth any such adjustments to be sent by mail, first class, postage prepaid, to the record Holder of this Warrant at its notice address(es) appearing in Section 7.

Appears in 7 contracts

Samples: Warrant Agreement (Composite Technology Corp), Warrant Agreement (Composite Technology Corp), Warrant Agreement (Composite Technology Corp)

AutoNDA by SimpleDocs

Officers’ Statement as to Adjustments. Whenever the Exchange Price and/or number of shares of Warrant Stock subject to the Warrant is required to be adjusted as provided in Section 4, the Company shall forthwith file at each its principal office designated for the exchange of this Warrant with a copy to the Holder notice parties set forth in Section 7 hereof a statement, signed by the Chief Executive Officer or Chief Financial Officer of the Company, showing in reasonable detail the facts requiring such adjustment, the Exchange Price and number of issuable shares that will be effective after such adjustment; provided, however, such statement shall not be required to the extent the information requested in this Section 4.6 is available through the Company’s current reports filed with the Securities and Exchange Commission. If at any time the information described in this Section 4.6 is readily available through the Company’s reports filed with the Securities and Exchange Commission, the Company shall not be required to provide a separate notice of adjustment to the Holder; provided, however, if such information is not readily available through the Company’s current reports filed with the Securities Exchange Commission and made public, the Company shall cause a notice setting forth any such adjustments to be sent by mail, first class, postage prepaid, to the record Holder of this Warrant at its notice address(es) appearing in Section 7.

Appears in 5 contracts

Samples: Warrant Agreement (EnergyConnect Group Inc), Warrant (Cardiovascular Systems Inc), Warrant (Cardiovascular Systems Inc)

Officers’ Statement as to Adjustments. Whenever the Exchange Exercise Price and/or number of shares of Warrant Stock subject to the this Warrant is required to be adjusted as provided in Section 4, the Company shall forthwith file at each office designated for the exchange exercise of this Warrant with a copy to the Holder notice parties set forth in Section 7 hereof a statement, signed by the Chief Executive Officer or Officer, Chief Financial Officer or any other executive officer of the Company, showing in reasonable detail the facts requiring such adjustment, the Exchange Exercise Price and number of issuable shares that will be effective after such adjustment; provided, however, such statement shall not be required to the extent the information requested in this Section 4.6 is available through the Company’s current reports filed with the Securities and Exchange Commission. If at any time the information described in this Section 4.6 is readily available through the Company’s reports filed with the Securities and Exchange Commission, the Company shall not be required to provide a separate notice of adjustment to the Holder; provided, however, if such information is not readily available through the Company’s current reports filed with the Securities Exchange Commission and made public, the Company shall cause a notice setting forth any such adjustments to be sent by mail, first class, postage prepaid, to the record Holder of this Warrant at its address appearing herein. If such notice address(es) appearing relates to an adjustment resulting from an event referred to in Section 74.3, such notice shall be included as part of the notice required to be mailed or published under the provisions of Section 4.3.

Appears in 2 contracts

Samples: Warrant Agreement (Comverge, Inc.), Loan Modification Agreement (Comverge, Inc.)

Officers’ Statement as to Adjustments. Whenever the Exchange Exercise Price and/or number of shares of Warrant Stock subject to the Warrant is required to be adjusted as provided in Section 4, the Company shall forthwith file at each office designated for the exchange exercise of this Warrant with a copy to the Holder notice parties set forth in Section 7 hereof a statement, signed by the Chief Executive Officer or Officer, Chief Financial Officer or any Managing Director of the Company, showing in reasonable detail the facts requiring such adjustment, the Exchange Exercise Price and number of issuable shares that will be effective after such adjustment; provided, however, such statement shall not be required to the extent the information requested in this Section 4.6 is available through the Company’s current reports filed with the Securities and Exchange Commission. If at any time the information described in this Section 4.6 is readily available through the Company’s reports filed with the Securities and Exchange Commission, the Company shall not be required to provide a separate notice of adjustment to the Holder; provided, however, if such information is not readily available through the Company’s current reports filed with the Securities Exchange Commission and made public, the Company shall cause a notice setting forth any such adjustments to be sent by mail, first class, postage prepaid, to the record Holder of this Warrant at its address appearing herein. If such notice address(es) appearing relates to an adjustment resulting from an event referred to in Section 74.3, such notice shall be included as part of the notice required to be mailed or published under the provisions of Section 4.3.

Appears in 2 contracts

Samples: Warrant (Bioject Medical Technologies Inc), Warrant (Bioject Medical Technologies Inc)

Officers’ Statement as to Adjustments. Whenever the Exchange Conversion Price and/or number of shares of Warrant Stock subject to the Warrant is required to be adjusted as provided in Section 4, the Company Maker shall forthwith file at each Maker’s principal office designated for the exchange of this Warrant with a copy to the Holder notice parties set forth in Section 7 12 hereof a statement, signed by the Chief Executive Officer or Chief Financial Officer of the CompanyMaker, showing in reasonable detail the facts requiring such adjustment, adjustment and the Exchange Conversion Price and number of issuable shares that will be effective after such adjustment; provided, however, such statement shall not be required to the extent the information requested in this Section 4.6 4(f) is available through the CompanyMaker’s current reports filed with the Securities and Exchange Commission. If at any time the information described in this Section 4.6 4(f) is readily available through the CompanyMaker’s reports filed with the Securities and Exchange Commission, the Company Maker shall not be required to provide a separate notice of adjustment to the Holder; provided, however, if such information is not readily available through the CompanyMaker’s current reports filed with the Securities Exchange Commission and made public, the Company Maker shall cause a notice setting forth any such adjustments to be sent by mail, first class, postage prepaid, to the record Holder of this Warrant Note at its notice address(es) appearing in Section 712.

Appears in 2 contracts

Samples: Loan and Security Agreement (Healthcare Corp of America), Loan and Security Agreement (Healthcare Corp of America)

Officers’ Statement as to Adjustments. Whenever the Exchange Price and/or number of shares of Warrant Stock subject to the Warrant is required to be adjusted as provided in Section 4, the Company shall forthwith file at each office designated for the exchange of this Warrant with a copy to the Holder notice parties set forth in Section 7 hereof a statement, signed by the Chief Executive Officer or Chief Financial Officer of the Company, showing in reasonable detail the facts requiring such adjustment, the Exchange Price and number of issuable shares that will be effective after such adjustment; provided, however, such statement shall not be required to the extent the information requested in this Section 4.6 4.7 is available through the Company’s current reports filed with the Securities and Exchange Commission. If at any time the information described in this Section 4.6 4.7 is readily available through the Company’s reports filed with the Securities and Exchange Commission, the Company shall not be required to provide a separate notice of adjustment to the Holder; provided, however, if such information is not readily available through the Company’s current reports filed with the Securities Exchange Commission and made public, the Company shall cause a notice setting forth any such adjustments to be sent by mail, first class, postage prepaid, to the record Holder of this Warrant at its notice address(es) appearing in Section 7. If such notice relates to an adjustment resulting from an event referred to in Section 4.3, such notice shall be included as part of the notice required to be mailed or published under the provisions of Section 4.3.

Appears in 2 contracts

Samples: Warrant Agreement (Xata Corp /Mn/), Warrant Purchase Agreement (Xata Corp /Mn/)

Officers’ Statement as to Adjustments. Whenever the Exchange Exercise Price and/or number of shares of Warrant Stock Shares subject to the Warrant is required to be adjusted as provided in Section 4, the Company shall forthwith file at each office designated for the exchange exercise of this Warrant with a copy to the Holder notice parties set forth in Section 7 hereof a statement, signed by the Chief Executive Officer or Officer, Chief Financial Officer or any Managing Director of the Company, showing in reasonable detail the facts requiring such adjustment, the Exchange Exercise Price and number of issuable shares that will be effective after such adjustment; provided, however, such statement shall not be required to the extent the information requested in this Section 4.6 4.7 is available through the Company’s current reports filed with the Securities and Exchange Commission. If at any time the information described in this Section 4.6 4.7 is readily available through the Company’s reports filed with the Securities and Exchange Commission, the Company shall not be required to provide a separate notice of adjustment to the Holder; provided, however, if such information is not readily available through the Company’s current reports filed with the Securities Exchange Commission and made public, the Company shall cause a notice setting forth any such adjustments to be sent by mail, first class, postage prepaid, to the record Holder of this Warrant at its address appearing herein or otherwise in the Company’s Register of Members. If such notice address(es) appearing relates to an adjustment resulting from an event referred to in Section 74.3, such notice shall be included as part of the notice required to be mailed and published under the provisions of Section 4.3.

Appears in 1 contract

Samples: Loan and Security Agreement (Interwave Communications International LTD)

Officers’ Statement as to Adjustments. Whenever the Exchange Exercise Price and/or number of shares of Warrant Stock subject to the Warrant is required to be adjusted as provided in Section 4, the Company shall forthwith file at each office designated for the exchange exercise of this Warrant with a copy to the Holder notice parties set forth in Section 7 hereof a statement, signed by the Chief Executive Officer or Officer, Chief Financial Officer or any other executive officer of the Company, showing in reasonable detail the facts requiring such adjustment, the Exchange Exercise Price and number of issuable shares that will be effective after such adjustment; provided, however, such statement shall not be required to the extent the information requested in this Section 4.6 is available through the Company’s current reports filed with the Securities and Exchange Commission. If at any time the information described in this Section 4.6 is readily available through the Company’s reports filed with the Securities and Exchange Commission, the Company shall not be required to provide a separate notice of adjustment to the Holder; provided, however, if such information is not readily available through the Company’s current reports filed with the Securities Exchange Commission and made public, the Company shall cause a notice setting forth any such adjustments to be sent by mail, first class, postage prepaid, to the record Holder of this Warrant at its address appearing herein. If such notice address(es) appearing relates to an adjustment resulting from an event referred to in Section 74.3, such notice shall be included as part of the notice required to be mailed or published under the provisions of Section 4.3.

Appears in 1 contract

Samples: Warrant (Comverge, Inc.)

AutoNDA by SimpleDocs

Officers’ Statement as to Adjustments. Whenever the Exchange Price and/or number of shares of Warrant Stock subject to the Warrant is required to be adjusted as provided in Section 4, the Company shall forthwith file at each office designated for the exchange of this Warrant with a copy to the Holder notice parties set forth in Section 7 hereof a statement, signed by the Chief Executive Officer or Officer, Chief Financial Officer or any Managing Director of the Company, showing in reasonable detail the facts requiring such adjustment, the Exchange Price and number of issuable shares that will be effective after such adjustment; provided, however, such statement shall not be required to the extent the information requested in this Section 4.6 is available through the Company’s current reports filed with the Securities and Exchange Commission. If at any time the information described in this Section 4.6 is readily available through the Company’s reports filed with the Securities and Exchange Commission, the Company shall not be required to provide a separate notice of adjustment to the Holder; provided, however, if such information is not readily available through the Company’s current reports filed with the Securities Exchange Commission and made public, the Company shall cause a notice setting forth any such adjustments to be sent by mail, first class, postage prepaid, to the record Holder of this Warrant at its address appearing herein. If such notice address(es) appearing relates to an adjustment resulting from an event referred to in Section 74.3, such notice shall be included as part of the notice required to be mailed or published under the provisions of Section 4.3.

Appears in 1 contract

Samples: Warrant (Bioject Medical Technologies Inc)

Officers’ Statement as to Adjustments. Whenever the Exchange Exercise Price and/or number of shares of Warrant Stock subject to the Warrant is required to be adjusted as provided in Section 4, the Company shall forthwith file at each office designated for the exchange exercise of this Warrant with a copy to the Holder notice parties set forth in Section 7 hereof a statement, signed by the Chief Executive Officer or Officer, Chief Financial Officer or any Vice President of the Company, showing in reasonable detail the facts requiring such adjustment, the Exchange Exercise Price and number of issuable shares that will be effective after such adjustment; provided, however, such statement shall not be required to the extent the information requested in this Section 4.6 is available through the Company’s current reports filed with the Securities and Exchange Commission. If at any time the information described in this Section 4.6 is readily available through the Company’s reports filed with the Securities and Exchange Commission, the Company shall not be required to provide a separate notice of adjustment to the Holder; provided, however, if such information is not readily available through the Company’s current reports filed with the Securities Exchange Commission and made public, the Company shall cause a notice setting forth any such adjustments to be sent by mail, first class, postage prepaid, to the record Holder of this Warrant at its address appearing herein. If such notice address(es) appearing relates to an adjustment resulting from an event referred to in Section 74.3, such notice shall be included as part of the notice required under the provisions of Section 4.3.

Appears in 1 contract

Samples: Warrant Purchase Agreement (Xenogen Corp)

Officers’ Statement as to Adjustments. Whenever the Exchange Conversion Price and/or number of shares of Warrant Stock subject to the Warrant is required to be adjusted as provided in Section 4, the Company Maker shall forthwith file at each the Company's principal office designated for the exchange of this Warrant with a copy to the Holder notice parties set forth in Section 7 hereof a statement, signed by the Chief Executive Officer or Chief Financial Officer of the CompanyMaker, showing in reasonable detail the facts requiring such adjustment, adjustment and the Exchange Conversion Price and number of shares of Common Stock issuable shares upon conversion that will be effective after such adjustment; provided, however, such statement shall not be required to the extent the information requested in this Section 4.6 4(f) is available through the CompanyMaker’s current reports filed with the Securities and Exchange Commission. If at any time the information described in this Section 4.6 4(f) is readily available through the CompanyMaker’s reports filed with the Securities and Exchange Commission, the Company Maker shall not be required to provide a separate notice of adjustment to the Holder; provided, however, if such information is not readily available through the CompanyMaker’s current reports filed with the Securities Exchange Commission and made public, the Company Maker shall cause a notice setting forth any such adjustments to be sent by mail, first class, postage prepaid, to the record Holder of this Warrant Note at its notice address(es) appearing in Section 712.

Appears in 1 contract

Samples: Loan and Security Agreement (Comverge, Inc.)

Officers’ Statement as to Adjustments. Whenever the Exchange Price and/or number of shares of Warrant Stock subject to the Warrant is required to be adjusted as provided in Section 4, the Company shall forthwith file at each office designated for the exchange of this Warrant with a copy to the Holder notice parties set forth in Section 7 hereof a statement, signed by the Chief Executive Officer or Chief Financial Officer of the Company, showing in reasonable detail the facts requiring such adjustment, the Exchange Price and number of issuable shares that will be effective after such adjustment; provided, however, such statement shall not be required to the extent the information requested in this Section 4.6 is available through the Company’s 's current reports filed with the Securities and Exchange Commission. If at any time the information described in this Section 4.6 is readily available through the Company’s 's reports filed with the Securities and Exchange Commission, the Company shall not be required to provide a separate notice of adjustment to the Holder; provided, however, if such information is not readily available through the Company’s 's current reports filed with the Securities Exchange Commission and made public, the Company shall cause a notice setting forth any such adjustments to be sent by mail, first class, postage prepaid, to the record Holder of this Warrant at its notice address(es) appearing in Section 7.

Appears in 1 contract

Samples: Warrant Agreement (St. Bernard Software, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!