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)
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
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
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)
