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 37 contracts
Samples: Warrant Agreement (JLM Industries Inc), Warrant Agreement (Centura Software Corp), Warrant Agreement (Centura Software Corp)
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: Warrant Agreement (Diamond Entertainment Corp), Warrant Agreement (Armitec Inc), Warrant Agreement (Diamond Entertainment Corp)
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: Warrant Agreement (Commonwealth Biotechnologies Inc), Warrant Agreement (Commonwealth Biotechnologies Inc), Warrant Agreement (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: Warrant Agreement (Provant Inc), Warrant Agreement (Provant Inc), Warrant Agreement (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 (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 4 contracts
Samples: Warrant Agreement (Amanda Co Inc), Warrant Agreement (Imaging Technologies Corp/Ca), Warrant Agreement (Amanda Co 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: Warrant Agreement (Universal Broadband Networks Inc), Callable Warrant (Virtual Communities Inc/De/), Warrant Agreement (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: Warrant Agreement (Zila Inc), Warrant Agreement (Zila Inc), Warrant Agreement (Zila 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: Warrant Agreement (Easyriders Inc), Warrant Agreement (Easyriders 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 2 contracts
Samples: Warrant Agreement (Skylynx Communications Inc), Warrant Agreement (Incara Pharmaceuticals Corp)
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: Warrant Agreement (Volcano CORP), Warrant Agreement (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: Warrant Agreement (Corrections Corp of America), Warrant Agreement (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 1 contract
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 (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 Stock 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 1 contract
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: Warrant Agreement (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 (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: Warrant Agreement (Starbase Corp)
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)
