Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 or any other action described in Section 4, then, unless such action will not have a materially adverse effect upon the rights of the holder of this Warrant, the number of shares of Common Stock or other stock into which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 39 contracts
Samples: Warrant Agreement (Ecosphere Technologies Inc), Warrant Agreement (LOCAL Corp), Warrant Agreement (Netsol Technologies Inc)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than any action taken in the payment ordinary course of dividends permitted by Section 4 the Company's business or any other action described in this Section 4, then, unless such action will not which would have a materially material adverse effect upon the rights of the holder of this WarrantHolder, the number of shares of Common Stock or other stock into which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances, as determined in good faith by an investment bank selected by Holder.
Appears in 30 contracts
Samples: Warrant Agreement (Information Highway Com Inc), Warrant Agreement (Marketshare Recovery Inc), Securities Purchase Agreement (Usa Biomass Corp)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 or any other action described in this Section 4, then, unless such action will not which would have a materially adverse effect upon the rights of the holder of this WarrantHolder, the number of shares of Common Stock or other stock into which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances, as determined in good faith by the Board of Directors of the Company.
Appears in 25 contracts
Samples: Common Stock Purchase Warrant (Thermoenergy Corp), Common Stock Purchase Warrant (Thermoenergy Corp), Common Stock Purchase Warrant (Thermoenergy Corp)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 or any other action described in this Section 4, then, unless such action will not which would have a materially adverse effect upon the rights of the holder of this WarrantHolder, the number of shares of Common Stock or other stock into which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances, as determined in good faith by the Board of Directors of the Company.
Appears in 23 contracts
Samples: Common Stock Purchase Warrant (Thermoenergy Corp), Common Stock Purchase Warrant (Storage Computer Corp), Common Stock Purchase Warrant (Wareforce Com Inc)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 3 or any other action described in Section 43, then, unless such action will not have a materially adverse effect upon the rights of the holder of this WarrantHolder, the number of shares of Common Stock or other stock into which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 18 contracts
Samples: Warrant Agreement (Adventrx Pharmaceuticals Inc), Warrant Agreement (Adventrx Pharmaceuticals Inc), Warrant Agreement (Adventrx Pharmaceuticals Inc)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 or any other action described in this Section 4, then, unless such action will not have a materially adverse effect upon the rights of the holder of this WarrantHolders, the number of shares of Common Stock or other stock into for which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 15 contracts
Samples: Warrant Agreement (Firearms Training Systems Inc), Warrant Agreement (Bio Plexus Inc), Warrant Agreement (Appaloosa Management Lp)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 or any other action described in this Section 46, then, unless such action will not have a materially adverse effect upon the rights of the holder of this WarrantHolders, the number of shares of Common Stock or other stock into for which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 10 contracts
Samples: Redeemable Common Stock Purchase Warrant (Ivivi Technologies, Inc.), Placement Agent Warrant (Adm Tronics Unlimited Inc/De), Consultant's Warrant (Ivivi Technologies, Inc.)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by any action described in this Section 4 4, or any other action described in Section 4event occurs, then, unless such action will not which would have a materially adverse effect upon the rights of the holder of this WarrantHolder, the number of shares of Common Stock or other stock into which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances, as determined in good faith by the Board of Directors of the Company.
Appears in 8 contracts
Samples: Common Stock Purchase Warrant (Energy Focus, Inc/De), Warrant Agreement (Energy Focus, Inc/De), Common Stock Purchase Warrant (Energy Focus, Inc/De)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 or any other action described in this Section 46, then, unless such action will not have a materially adverse effect upon the rights of the holder of this WarrantHolders, the number of shares of Common Stock or other stock into for which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 8 contracts
Samples: Common Stock Purchase Warrant (Salon Media Group Inc), Common Stock Purchase Warrant (Salon Media Group Inc), Warrant Agreement (Shumate Industries Inc)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 or any other action described in this Section 44 for which a specific adjustment is provided, then, unless such action will not have a materially adverse effect upon the rights of the holder of this WarrantHolder, the number of shares of Common Stock or other stock into for which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 8 contracts
Samples: Warrant Agreement (Code Alarm Inc), Warrant Agreement (Code Alarm Inc), Warrant Agreement (Pegasus Investors L P)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 or any other action described in Section 4, then, unless such action will not have a materially adverse effect upon the rights of the holder of this Warrant, the number of shares of Common Stock or other stock into which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 7 contracts
Samples: Warrant Agreement (Spectrum Pharmaceuticals Inc), Warrant Agreement (Spectrum Pharmaceuticals Inc), Warrant Agreement (Spectrum Pharmaceuticals Inc)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than any action taken in the payment ordinary course of dividends permitted by Section 4 the Company’s business or any other action described in this Section 4, then, unless such action will not which would have a materially material adverse effect upon the rights of the holder of this WarrantHolder, the number of shares of Common Stock or other stock into which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances, as determined in good faith by an investment bank selected by Holder.
Appears in 6 contracts
Samples: Securities Agreement (TherapeuticsMD, Inc.), Securities Agreement (TherapeuticsMD, Inc.), Securities Agreement (TherapeuticsMD, Inc.)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 or any other action described in this Section 4, then, unless such action will not have a materially adverse effect upon the rights of the holder of this Warrant, then the number of shares of Common Stock or other stock into for which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Healthcare Capital Partners Lp), Warrant Agreement (America Service Group Inc /De), Preferred Stock and Warrant Purchase Agreement (Netegrity Inc)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 or any other action described in this Section 4, then, unless such action will not have a materially adverse effect upon the rights of the holder of this WarrantHolders, the number of shares of Common Stock or other stock into for which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 6 contracts
Samples: Warrant Agreement (Atlantic Technology Ventures Inc), Warrant Agreement (Arv Assisted Living Inc), Warrant Agreement (Arv Assisted Living Inc)
Other Action Affecting Common Stock. In case If at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 or any other action described in this Section 4, then, unless such action will not which would have a materially adverse effect upon the rights of the holder of this WarrantHolder, the number of shares of Common Stock or other stock into which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances, as determined in good faith by the Board of Directors of the Company.
Appears in 4 contracts
Samples: Common Stock Purchase Warrant (Viisage Technology Inc), Common Stock Purchase Warrant (Immune Response Inc), Common Stock Purchase Warrant (Viisage Technology Inc)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of affecting its Common Stock, other than the payment of dividends permitted by Section 4 or any other an action described in Section 4any of the foregoing Sections 4.2 through 4.10, inclusive, then, unless in the opinion of the Board such action will not have a materially adverse effect upon the rights of the holder holders of this Warrantthe Warrants, the number of shares of Common Stock or other stock into which this comprising a Stock Unit, or the Current Warrant is exercisable and/or the purchase price thereof Price, shall be adjusted in such manner and at such time as the Board may in good faith determine to be equitable in the circumstances.
Appears in 4 contracts
Samples: Warrant Agreement (Innovative Micro Technology Inc), Warrant Agreement (Innovative Micro Technology Inc), Stock Purchase Agreement (L 3 Communications Corp)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 or any other action described in this Section 45 for which a specific adjustment is provided, then, unless such action will not have a materially adverse effect upon the rights of the holder of this WarrantHolder, the number of shares of Common Stock or other stock into for which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 3 contracts
Samples: Warrant Agreement (Aci Capital America Fund Lp), Warrant Agreement (Semx Corp), Warrant Agreement (Act Capital America Fund Lp)
Other Action Affecting Common Stock. In case at any time or from time to time the Company Corporation shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 or any other action described in Section 4, then, unless such action will not have a materially adverse effect upon the rights of the holder of this Warrant, the number of shares of Common Stock or other stock into which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 3 contracts
Samples: Warrant Agreement (Orthovita Inc), Warrant Agreement (Orthovita Inc), Warrant Agreement (Orthovita Inc)
Other Action Affecting Common Stock. In case at any time or ------------------------------------- from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 or any other action described in this Section 4, then, unless such action will not which would have a materially adverse effect upon the rights of the holder of this WarrantHolder, the number of shares of Common Stock or other stock into which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances, as determined in good faith by the Board of Directors of the Company.
Appears in 2 contracts
Samples: Warrant Agreement (Adatom Com Inc), Warrant Agreement (Adatom Com Inc)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of cash dividends permitted by Section 4 payable out of earnings or earned surplus legally available for the payment of dividends under the laws of the jurisdiction of incorporation of the Company or any other action described in Section 4, then, unless such action will not have a materially adverse effect upon the rights of the holder of this Warrant, the number of shares of Common Stock or other stock into which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 2 contracts
Samples: Warrant Agreement (Spectrum Pharmaceuticals Inc), Warrant Agreement (Spectrum Pharmaceuticals Inc)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by described in Section 4 or any other action described in Section 4, then, unless such action will not have a materially adverse effect upon the rights of the holder Holder of this Warrant, the number of shares of Common Stock or other stock into Warrant Shares for which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 2 contracts
Samples: Warrant Agreement (Transmeridian Exploration Inc), Warrant Agreement (Transmeridian Exploration Inc)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 or any other action described in this Section 4, then, unless such action will not have a materially material adverse effect upon the rights of the holder of this WarrantHolder, the number of shares of Common Stock or other stock into for which this Warrant warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 2 contracts
Samples: Warrant Agreement (Family Christian Stores Inc), Warrant Agreement (Family Christian Stores Inc)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 or any other action described in this Section 4, then, unless such action will not have a materially adverse effect upon the rights of the holder of this WarrantHolders, the number of shares of Common Stock or other stock into for which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Krauses Furniture Inc), Warrant Agreement (General Electric Capital Corp)
Other Action Affecting Common Stock. In case at any time or ----------------------------------- from time to time the Company shall take any action in respect of its Common Stock, other than any action taken in the payment ordinary course of dividends permitted by Section 4 the Company's business or any other action described in this Section 4, then, unless such action will not which would have a materially material adverse effect upon the rights of the holder of this WarrantHolder, the number of shares of Common Stock or other stock into which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances, as determined in good faith by an investment bank selected by Holder.
Appears in 2 contracts
Samples: Warrant Agreement (Nanopierce Technologies Inc), Securities Purchase Agreement (Nanopierce Technologies Inc)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 4.2(a) or any other action described in this Section 4, then, unless such action will not have a materially adverse effect upon the rights of the holder of this WarrantHolder, the number of shares of Common Stock or other stock into for which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 2 contracts
Samples: Warrant Agreement (Alteon Inc /De), Warrant Agreement (Alteon Inc /De)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 or any other action described in Section 4, then, unless such action will not have a materially adverse effect upon the rights of the holder of this WarrantHolder, the number of shares of Common Stock or other stock into which this Warrant is exercisable and/or the purchase price thereof Exercise Price shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 2 contracts
Samples: Warrant Agreement (Vasco Data Security International Inc), Warrant Agreement (Vasco Data Security International Inc)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than any action taken in the payment ordinary course of dividends permitted by Section 4 the Company's business or any other action described in this Section 4, thenwhich would, unless such action will not in the opinion of an unaffiliated investment bank selected by Holder, have a materially adverse effect upon the rights of the holder of this WarrantHolder, the number of shares of Common Stock or other stock into which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.the
Appears in 1 contract
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 or any other action described in this Section 4, then, unless such action will not which would have a materially adverse effect upon the rights of the holder of this WarrantHolder, the number of shares of Common Stock or other stock into which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances, as determined in good faith by the Board of Directors-of the Company.
Appears in 1 contract
Samples: Securities Purchase Agreement (Dynamicweb Enterprises Inc)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 3 or any other action described in Section 43, then, unless such action will not have a materially adverse effect upon the rights of the holder of this WarrantHolder, the number of shares of Common Stock or other stock into which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.. -5-
Appears in 1 contract
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 8 or any other action described in Section 48, then, unless such action will not have a materially adverse effect upon the rights of the holder of this Warrant, the number of shares of Common Stock or other stock into which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 1 contract
Samples: Warrant Agreement (Bioenvision Inc)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 or any other action described in this Section 46 for which a specific adjustment is provided, then, unless such action will not have a materially adverse effect upon the rights of the holder of this WarrantHolder, the number of shares of Common Stock or other stock into for which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 1 contract
Samples: Note Purchase Agreement (Scolr Inc)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, Stock other than the payment of dividends permitted by Section 4 or any other action described in this Section 4, then, unless such action will not have a materially adverse effect upon the rights of the holder of this WarrantHolder, the number of shares of Common Stock or other stock into for which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 1 contract
Samples: Warrant Agreement (Calton Inc)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by any action described in this Section 4 5, or any other action described in Section 4event occurs, then, unless such action will not which would have a materially adverse effect upon the rights of the holder of this WarrantLender, the number of shares of Common Stock or other stock into which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances, as determined in good faith by the Board of Directors of the Company.
Appears in 1 contract
Samples: Convertible Subordinated Promissory Note (Energy Focus, Inc/De)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 or any other action described in Section 4, then, unless such action will not have a materially adverse effect upon the rights of the holder of this Warrant, the number of shares of Common Stock or other stock into which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.the
Appears in 1 contract
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 4.2(a) or any other action described in this Section 4, then, unless such action will not have a materially adverse effect upon the rights of the holder of this WarrantHolders, the number of shares of Common Stock or other stock into for which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 1 contract
Samples: Warrant Agreement (Artra Group Inc)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 5 or any other action described in Section 45, then, unless such action will not have a materially adverse effect upon the rights of the holder of this Warrant, the number of shares of Common Stock or other stock into which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 1 contract
Samples: Warrant Agreement (TRUEYOU.COM)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 or any other action described in Section 4, then, unless such action will not have a materially an adverse effect upon the rights of the holder of this Warrant, the number of shares of Common Stock or other stock into which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 1 contract
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, Stock (other than the payment of dividends permitted by Section 4 4.2(a) or any other action described in this Section 4), then, unless such action will not have a materially adverse effect upon the rights of the holder of this WarrantHolders, the number of shares of Common Stock or other stock into for which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 1 contract
Samples: Warrant Agreement (Artra Group Inc)
Other Action Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 4.2(a) or any other action described in this Section 4, then, unless such action will not have a materially adverse effect upon the rights of the holder of this WarrantHolders, the number of shares of Common Stock or other stock into for which this Warrant is exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 1 contract
Samples: Warrant Agreement (Specialty Equipment Companies Inc)
Other Action Affecting Common Stock. In case at any time or from time ----------------------------------- to time the Company shall take any action in respect of its Common Stock, other than the payment of dividends permitted by Section 4 or any other action described in this Section 4, then, unless such action will not have a materially adverse effect upon the rights of the holder of this Warrant, then the number of shares of Common Stock or other stock into for which this Warrant is Warrants are exercisable and/or the purchase price thereof shall be adjusted in such manner as may be equitable in the circumstances.
Appears in 1 contract
Samples: Warrant Agreement (RBX Corp)