Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the Company shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of Stock, or issue any securities convertible into or exchangeable for shares of Stock, for a consideration per share less than the Exercise Price in effect or the Market Price immediately prior to the issuance of such options, rights, warrants or such convertible or exchangeable securities, or without consideration, the Exercise Price in effect immediately prior to the issuance of such options, rights, warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 8.1 hereof; PROVIDED, that:
Appears in 10 contracts
Samples: Warrant Agreement (Home Director Inc), Warrant Agreement (Home Director Inc), Warrant Agreement (Home Director Inc)
Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the Company shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, for a consideration per share less than the Exercise Market Price in effect or the Market Price immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, or without consideration, the Exercise Price in effect immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 8.1 hereof; PROVIDED, provided that:
Appears in 7 contracts
Samples: Warrant Agreement (Robotic Lasers Inc), Warrant Agreement (Aviation Group Inc), Warrant Agreement (New York Health Care Inc)
Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the Company shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, for a consideration per share less than the Exercise Purchase Price in effect or the Market Price immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, or without consideration, the Exercise Purchase Price in effect immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 8.1 hereof; PROVIDEDsubparagraph (a) of this section 8., provided that:
Appears in 4 contracts
Samples: Common Stock Purchase Warrant Agreement (Translation Group LTD), Common Stock Purchase Warrant Agreement (Translation Group LTD), Common Stock Purchase Warrant Agreement (Dynamic International LTD)
Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the Company shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of Stock, or issue any securities convertible into or exchangeable for shares of Stock, for a consideration per share less than the Exercise Price in effect or the Market Price immediately prior to the issuance of such options, rights, warrants or such convertible or exchangeable securities, or without consideration, the Exercise Price in effect immediately prior to the issuance of such options, rights, warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 8.1 hereof; PROVIDED, provided that:
Appears in 4 contracts
Samples: Warrant Agreement (Home Director Inc), Warrant Agreement (Home Director Inc), Warrant Agreement (Home Director Inc)
Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the Company shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, for a consideration per share (determined as provided in Section 6.1 and as provided below) less than the Exercise Price in effect Company's book value per share determined as of the Company's most recent audited Balance Sheet or the Market Price immediately prior to without consideration (including the issuance of any such options, rights, warrants securities by way of dividend or such convertible or exchangeable securities, or without considerationother distribution), the Exercise Price in effect immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a the computation in accordance with the provisions of Section 8.1 6.1 hereof; PROVIDED, provided that:
Appears in 3 contracts
Samples: Warren Resources Inc, Warren Resources Inc, Warren Resources Inc
Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the Company shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of Preferred Stock, or issue any securities convertible into or exchangeable for shares of Preferred Stock, for a consideration per share less than the Exercise Market Price in effect or the Market Price immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, or without consideration, the Exercise Price in effect immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 8.1 hereof; PROVIDED, provided that:
Appears in 3 contracts
Samples: Underwriting Agreement (Awg LTD), Underwriting Agreement (Awg LTD), Underwriters Agreement (Awg LTD)
Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the Company shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, for a consideration per share less than the Exercise Price in effect or the Market Price immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, or without consideration, the Exercise Price in effect immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions provision of Section 8.1 hereof; PROVIDED, provided that:
Appears in 3 contracts
Samples: 'S Warrant Agreement (Source Information Management Co), Representative's Warrant Agreement (Source Information Management Co), Representative's Warrant Agreement (Source Information Management Co)
Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the Company shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, for a consideration per share less than the Exercise Price in effect or the Market Price immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, or without consideration, the Exercise Price in effect immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 8.1 hereof; PROVIDED, provided that:
Appears in 2 contracts
Samples: 'S Warrant Agreement (Brunswick Technologies Inc), Warrant Agreement (Translation Group LTD)
Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the Company shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, for a consideration per share less than the Exercise Purchase Price in effect or the Market Price immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, or without consideration, the Exercise Purchase Price in effect immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 8.1 5(a) hereof; PROVIDED, provided that:
Appears in 2 contracts
Samples: Asphalt Paving International Inc, Consulting Agreement (RTG Ventures Inc)
Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the Company shall at any time after the date hereof issue of this Agreement, issues options, rights or warrants to subscribe for shares of Common Stock, or issue issues any securities convertible into or exchangeable for shares of Common Stock, for a consideration per share less than the Exercise Price in effect or the Market Price immediately prior to the issuance of such options, rights, warrants or such convertible or exchangeable securities, or without consideration, the Option Exercise Price in effect immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, or without consideration, the Option Exercise Price in effect immediately prior to the issuance of such options, rights or warrants, or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 8.1 5.1 hereof; PROVIDED, provided that:
Appears in 2 contracts
Samples: Stock Purchase Agreement (Synergy Brands Inc), Option Agreement (Synergy Brands Inc)
Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the Company shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, for a consideration per share less than the Exercise Price in effect or the Market Price immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, or without consideration, the Exercise Price in effect immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 8.1 6.1 hereof; PROVIDED, provided that:
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Everlast Worldwide Inc)
Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the Company shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, for a consideration per share less than the Exercise Conversion Price in effect or the Market Price immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, or without consideration, the Exercise Conversion Price in effect immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of this Section 8.1 hereof; PROVIDED2.5 (D), provided that:
Appears in 1 contract
Samples: Epixtar Corp
Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the Company shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, for a consideration per share less than the Exercise Market Price in effect or the Market Price immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, or without consideration, the Exercise Price in effect immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 8.1 9.1 hereof; PROVIDED, provided that:
Appears in 1 contract
Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the Company Issuer shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, for a consideration per share less than the Exercise Price in effect or the Market Price immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, or without consideration, the Exercise Price in effect immediately prior to the issuance of such options, rightsrights or warrant, warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 8.1 hereof; PROVIDED, provided that:
Appears in 1 contract
Samples: Warrant Agreement (Colmena Corp)
Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the Company shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, for a consideration per share less than the Exercise Price in effect or the Market Price immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, or without consideration, the Exercise Price in effect immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of this Section 8.1 hereof; PROVIDED3.1, provided that:
Appears in 1 contract
Samples: Epixtar Corp
Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the Company shall at any time after the date hereof grant or issue options, rights or warrants to subscribe for shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, for a where the aggregate consideration per share is less than the Exercise Price in effect or the Market Price immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, or without consideration, the Exercise Price in effect immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 8.1 7.1 hereof; PROVIDED, provided that:
Appears in 1 contract
Options, Rights, Warrants and Convertible and Exchangeable Securities. In case Subject to Section 2.6 hereof, in the event the Company shall at any time after the date hereof issue issues options, rights or warrants to subscribe for shares of Common Stock, or issue any securities convertible into or exchangeable for shares of StockCommon Stock Equivalents, for a consideration per share less than the Exercise Price in effect or the Market Price immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, or without consideration, the Exercise Price in effect immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 8.1 2.1 hereof; PROVIDED, provided that:
Appears in 1 contract
Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the Company shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of Stock, or issue any securities convertible into or exchangeable for shares of Stock, for a consideration per share less than the Exercise Price in effect or the Market Price immediately prior to the issuance of such options, rights, warrants or such convertible or exchangeable securities, or without consideration, the Exercise Price in effect immediately prior to the issuance of such options, rights, warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 8.1 hereof; PROVIDED, provided that:
Appears in 1 contract
Options, Rights, Warrants and Convertible and Exchangeable Securities. In (i) Subject to Section 3.4 (g) hereof, in case the Company shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of StockCommon Shares, or issue any securities convertible into or exchangeable for shares of StockCommon Shares, for a consideration per share less than the Exercise Conversion Price in effect or the Market Price immediately prior to the issuance of such options, rights, warrants or such convertible or exchangeable securities, or without consideration, the Exercise Conversion Price in effect immediately prior to the issuance of such options, rights, warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 8.1 3.4(e) hereof; PROVIDED, provided that:
Appears in 1 contract
Samples: Z Trim Holdings, Inc
Options, Rights, Warrants and Convertible and Exchangeable Securities. (i) In case the Company shall at any time after the date hereof grant or issue options, rights or warrants to subscribe for shares of Stock, or issue any securities convertible into or exchangeable for shares of Stock, for a Stock where the aggregate consideration per share of Stock is less than the Exercise Price in effect or the Market Price immediately prior to the issuance of such options, rights, rights or warrants or such convertible or exchangeable securities, or without consideration, the Exercise Price in effect immediately prior to the issuance of such options, rights, rights or warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 8.1 8(a) hereof; PROVIDED, provided that:
Appears in 1 contract
Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the Company shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, for a consideration per share less than the Exercise Price in effect or the Market Price immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, or without consideration, the Exercise exercise Price in effect immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 8.1 hereof; PROVIDED, provided that:
Appears in 1 contract
Samples: Warrant Agreement (Toups Technology Licensing Inc /Fl)
Options, Rights, Warrants and Convertible and Exchangeable Securities. a. In case the Company shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of Stock, or issue any securities convertible into or exchangeable for shares of Stock, for a consideration per share less than the Exercise Price in effect or the Market Price immediately prior to the issuance of such options, rights, warrants or such convertible or exchangeable securities, or without consideration, the Exercise Price in effect immediately prior to the issuance of such options, rights, warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 8.1 5(a) hereof; PROVIDED, provided that:: AMENDMENT NO. 1
Appears in 1 contract
Samples: Securities Purchase Agreement (Carsunlimited Com Inc)
Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the Company shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, for a consideration per share less than the Exercise Price in effect or the Market Price immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, or without consideration, the Exercise Price in effect immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 8.1 7.1 hereof; PROVIDED, provided that:
Appears in 1 contract
Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the Company shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, for a consideration per share less than the Exercise Price in effect or the Market Price immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, or without consideration, the Exercise Price in effect immediately prior to the issuance of such options, rightsrights or warrants, warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section 8.1 hereof; PROVIDED, provided that:
Appears in 1 contract
Samples: Warrant Agreement (Chromatics Color Sciences International Inc)
Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the event that the Company shall issues, at any time after the date hereof issue hereof, options, rights or warrants to subscribe for shares of StockShares, or issue issues any securities convertible into or exchangeable for shares of StockShares, for a consideration per share Share less than the Exercise Market Price in effect or the Market Price immediately prior to the issuance of such options, rights, rights or warrants or such convertible or exchangeable securities, or without consideration, the Exercise Price in effect immediately prior to the issuance of such options, rights, rights or warrants or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provisions of Section Sections 8.1 and 8.2 hereof; PROVIDED, provided that:
Appears in 1 contract
Samples: C W Chemica Waste Technologies