Common use of Other Action Affecting Common Stock Clause in Contracts

Other Action Affecting Common Stock. In case after the Original Issue Date the Issuer shall take any action affecting its Common Stock, other than an action described in any of the foregoing subsections (a) through (g) of this Section 4, inclusive, and the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principle of this Section 4, then the Warrant 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 36 contracts

Samples: Subscription Agreement (Centura Software Corp), Subscription Agreement (Centura Software Corp), Subscription Agreement (Centura Software Corp)

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Other Action Affecting Common Stock. In case after the Original Issue Date the Issuer shall take any action affecting its Common Stock, other than an action described in any of the foregoing subsections (a) through (gd) of this Section 4, inclusive, and the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principle of this Section 4, then the Warrant 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 11 contracts

Samples: Diamond Entertainment Corp, Entertainment Boulevard Inc, Armitec Inc

Other Action Affecting Common Stock. In case after the Original Issue Date the Issuer shall take any action affecting its Common Stock, other than an action described in any of the foregoing subsections (a) through (gf) of this Section 4, inclusive, and the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principle of this Section 4, then the Warrant 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: Commonwealth Biotechnologies Inc, Commonwealth Biotechnologies Inc, Value America Inc /Va

Other Action Affecting Common Stock. In case after the Original Issue Closing Date hereof the Issuer shall take any action affecting its Common Stock, other than an action described in any of the foregoing subsections (a) through (gf) of this Section 45, inclusive, and the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principle of this Section 45, then the Warrant 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: Provant Inc, Provant Inc, Provant Inc

Other Action Affecting Common Stock. In case after the Original Issue Date the Issuer shall take any action affecting its Common Stock, other than an action described in any of the foregoing subsections (a) through (gc) of this Section 4, inclusive, and the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principle of this Section 4, then the Warrant 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 3 contracts

Samples: Virtual Communities Inc/De/, Universal Broadband Networks Inc, Virtual Communities Inc/De/

Other Action Affecting Common Stock. In case after the Original Issue Date Closing Date, the Issuer shall take any action affecting its Common Stock, other than an action described in any of the foregoing subsections (aSections 4(a) through (g) of this Section 44(b), inclusive, and the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principle of this Section 4, then the Warrant Price Share Number 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 3 contracts

Samples: Zila Inc, Zila Inc, Zila Inc

Other Action Affecting Common Stock. In case after the Original Issue ------------------------------------- Date the Issuer shall take any action affecting its Common Stock, other than an action described in any of the foregoing subsections (a) through (gd) of this Section 4, inclusive, and the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principle of this Section 4, then the Warrant 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 3 contracts

Samples: Amanda Co Inc, Amanda Co Inc, Amanda Co Inc

Other Action Affecting Common Stock. In case after the Original Issue Closing Date hereof the Issuer shall take any action affecting its Common Stock, other than an action described in any of the foregoing subsections (a) through (g) of this Section 4, inclusive, and the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principle of this Section 4, then the Warrant 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 2 contracts

Samples: Easyriders Inc, Easyriders Inc

Other Action Affecting Common Stock. In case after the Original Issue Closing Date hereof, the Issuer shall take any action affecting its Common Stock, other than an action described in any of the foregoing subsections (aSections 4(a) through (g) of this Section 44(h), inclusive, and the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principle of this Section 4, then the Warrant Price Share Number 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 2 contracts

Samples: Volcano CORP, Volcano CORP

Other Action Affecting Common Stock. In case after the Original Issue Agreement Date hereof the Issuer shall take any action affecting its Common Stock, other than an action described in any of the foregoing subsections (a) through (g) of this Section 45, inclusive, and the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principle of this Section 45, then the Warrant 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 2 contracts

Samples: Corrections Corp of America, Corrections Corp of America

Other Action Affecting Common Stock. In case after the Original Issue ----------------------------------- Date the Issuer shall take any action affecting its Common Stock, other than an action described in any of the foregoing subsections (a) through (g) of this Section 4, inclusive, and the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principle of this Section 4, then the Warrant 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 2 contracts

Samples: Skylynx Communications Inc, Incara Pharmaceuticals Corp

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Other Action Affecting Common Stock. In case after the Original Issue Date the Issuer shall take any action affecting its Common Stock, other than an action described in any of the foregoing subsections (a) through (g) of this Section 4, inclusive, and the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principle of this Section 4, then the Warrant 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.. (i)

Appears in 1 contract

Samples: McLaren Performance Technologies Inc

Other Action Affecting Common Stock. In case after the Original Issue Date the Issuer shall take any action affecting its Common Stock, other than an action described in any of the foregoing subsections (a) through (ge) of this Section 4, inclusive, and the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principle of this Section 4, then the Warrant 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 1 contract

Samples: Starbase Corp

Other Action Affecting Common Stock. In case after the Original Issue Closing Date the Issuer shall take any action affecting its Common Stock, other than an action described in any of the foregoing subsections (a) through (g) of this Section 4, inclusive, and the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principle of this Section 4, then the Warrant 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 1 contract

Samples: Enamelon Inc

Other Action Affecting Common Stock. In case after the Original ----------------------------------- Issue Date the Issuer shall take any action affecting its Common Stock, other than an action described in any of the foregoing subsections (a) through (g) of this Section 4, inclusive, and the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principle of this Section 4, then the Warrant 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 1 contract

Samples: Skylynx Communications Inc

Other Action Affecting Common Stock. In case after the Original Issue ------------------------------------- Date the Issuer shall take any action affecting its Common Stock, other than an action described in any of the foregoing subsections (a) through (gd) of this Section 4, inclusive, and the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principle of this Section 4, then the Warrant 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.. (f)

Appears in 1 contract

Samples: Imaging Technologies Corp/Ca

Other Action Affecting Common Stock. In case If after the Original Issue Date the Issuer shall take any action affecting its Common Stock, other than an action described in any of the foregoing subsections (a) through (gc) of this Section 4, inclusive, and the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principle of this Section 4, then the Warrant 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 1 contract

Samples: General Release and Settlement Agreement (Eresource Capital Group Inc)

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