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: Common Stock Purchase Warrant (Netsol Technologies Inc), Common Stock Purchase Warrant (Netsol Technologies Inc), Common Stock Purchase (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 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 29 contracts
Samples: Securities Purchase Agreement (Cybertel Communications Corp), Securities Purchase Agreement (Dunn Computer Corp /Va/), Securities Purchase Agreement (Cybertel 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 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 24 contracts
Samples: Common Stock Purchase (Thermoenergy Corp), Common Stock Purchase (Thermoenergy Corp), Common Stock Purchase (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: Thermoenergy Corp, Common Stock Purchase (Precept Business Services Inc), Innovative Gaming Corp of America
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 (Adventrx Pharmaceuticals Inc), Purchase Agreement (Adventrx Pharmaceuticals Inc), Purchase 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 (Appaloosa Management Lp), Securities Purchase Agreement (Krauses Furniture Inc), Warrant (Bio Plexus 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, 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: Ivivi Technologies, Inc., Adm Tronics Unlimited Inc/De, 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), Common Stock Purchase Warrant (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: Salon Media Group Inc, Salon Media Group Inc, 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: Registration Rights Agreement (Essential Reality Inc), Pegasus Investors L P, 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: Spectrum Pharmaceuticals Inc, Spectrum Pharmaceuticals Inc, 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: TherapeuticsMD, Inc., TherapeuticsMD, Inc., 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 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: Financial Advisory and Consulting Agreement (Atlantic Technology Ventures Inc), Arv Assisted Living Inc, Atlantic Technology Ventures 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: Preferred Stock and Warrant Purchase Agreement (Netegrity Inc), Securities Purchase Agreement (Healthcare Capital Partners Lp), America Service Group Inc /De
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 (Hidenet Secure Architectures Inc), Viisage Technology Inc, Immune Response 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 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: Orthovita Inc, Orthovita Inc, 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 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: Aci Capital America Fund Lp, Act Capital America Fund Lp, Semx 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 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: Vasco Data Security International Inc, 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 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: Family Christian Stores Inc, 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 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: Transmeridian Exploration Inc, 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 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: Adatom Com Inc, 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 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: Alteon Inc /De, 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 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), 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: Securities Purchase Agreement (Nanopierce Technologies Inc), 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 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: 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 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
Samples: Ibiz Technology 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. 4.6.
Appears in 1 contract
Samples: Network Connection 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: 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 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
Samples: National Coal 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 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)
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, 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: 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, 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: 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 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 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. 4.6.
Appears in 1 contract
Samples: Lmki 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 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: 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 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 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
Samples: Common Stock Purchase (Nexmed 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 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: 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: TRUEYOU.COM