Other Action Affecting Common Stock. If after the date hereof the Company shall take any action affecting the outstanding number of shares of Common Stock, other than an action described in any of the foregoing subsections of Section 6 hereof, inclusive, that would have a materially adverse effect upon the rights of the Holder, the Warrant Shares and the Warrant Price shall be adjusted in such manner and at such time as the Company's Board of Directors on the advice of the Company's independent public accountants may in good faith determine to be equitable in the circumstances.
Appears in 5 contracts
Samples: Purchase Agreement (Telespectrum Worldwide Inc), Purchase Agreement (Telespectrum Worldwide Inc), Purchase Agreement (Telespectrum Worldwide Inc)
Other Action Affecting Common Stock. If after the date hereof the Company shall take any action affecting the outstanding number of shares of Common Stock, other than an action described in any of the foregoing subsections of Section 6 hereof, inclusive, that would have a materially adverse effect upon the rights of the Holder, the Warrant Shares and the Warrant Price shall be adjusted in such manner and at such time as the Company's Company"s Board of Directors on the advice of the Company's Company"s independent public accountants may in good faith determine to be equitable in the circumstances.
Appears in 3 contracts
Samples: Purchase Agreement (Telespectrum Worldwide Inc), Purchase Agreement (Telespectrum Worldwide Inc), Telespectrum Worldwide Inc
Other Action Affecting Common Stock. If In case after the date hereof the Company Corporation shall take any action affecting the outstanding number of shares of its Common Stock, other than an action described in any of the foregoing subsections of Section 6 hereofSections 5.1 through 5.6, inclusive, that and the failure to make any adjustment would have a materially adverse effect upon not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principals of the Holderthis Section 5, the Warrant Shares and then the Warrant Price shall be adjusted in such manner and at such time as the Company's Board of Directors on the advice of the Company's independent public accountants may Corporation shall in good faith determine to be equitable in the circumstances.
Appears in 3 contracts
Samples: Apollo Real Estate Investment Fund Ii L P, Nexthealth Inc, Apollo Real Estate Investment Fund Ii L P
Other Action Affecting Common Stock. If In case after the date hereof the Company shall take any action affecting the outstanding number common stock of shares of Common Stock, the Company other than an action described in any of the foregoing subsections of Section 6 Paragraphs hereof, inclusive, that which in the opinion of the Board would have a materially adverse effect upon the rights of the HolderExecutive, the Warrant Shares Option Price then in effect and the Warrant Price Option Shares issuable upon exercise of this Option shall be adjusted in such manner and at such time as the Company's Board of Directors on the advice of the Company's independent public accountants may in good faith determine to be equitable in under the circumstances.
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Other Action Affecting Common Stock. If after the date hereof the Company shall take any action affecting the outstanding number of shares of Common Stock, other than an action described in any of the foregoing subsections of Section 6 hereof, inclusive, that would have a materially adverse effect upon the rights of the Holder, the Warrant Shares and the Warrant Price shall be adjusted in such manner and at such time as the Company's Board of Directors on the advice of the Company's independent public accountants may in good faith determine to be equitable in the circumstances.
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Other Action Affecting Common Stock. If If, after the date hereof hereof, the Company shall take any action affecting the outstanding number of shares of Common Stock, other than an action described in any of the foregoing other subsections of Section 6 hereofthis Section, inclusive, that which would have a materially adverse effect upon the rights of the Holder, the Exercise Price and the number of Warrant Shares and the Warrant Price shall be adjusted in such manner and at such time as the Company's Board of Directors on the advice of the Company's independent public accountants may in good faith determine to be equitable in the circumstances.
Appears in 1 contract
Samples: Edison Schools Inc
Other Action Affecting Common Stock. If after the date hereof ----------------------------------- the Company shall take any action affecting the outstanding number of shares of Common Stock, other than an action described in any of the foregoing subsections of Section 6 7 hereof, inclusive, that would have a materially adverse effect upon the rights of the Holder, the Warrant Shares and the Warrant Price shall be adjusted in such manner and at such time as the Company's Board of Directors on the advice of the the Company's independent public accountants may in good faith determine to be equitable in the circumstances.
Appears in 1 contract
Samples: Telespectrum Worldwide Inc
Other Action Affecting Common Stock. If In case after the date hereof the Company shall take any action affecting the outstanding number of shares of its Common Stock, other than an action described in any of the foregoing subsections subparagraphs (a) through (d) of this Section 6 hereof5, inclusive, that and the failure to make any adjustment would have a materially adverse effect upon not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principle of the Holderthis Section 5, the Warrant Shares and then the Warrant Price shall be adjusted in such manner and at such time as the Company's Board of Directors on the advice of the Company's independent public accountants Company may in good faith determine to be equitable in the circumstances.
Appears in 1 contract
Samples: Genaissance Pharmaceuticals Inc
Other Action Affecting Common Stock. If after the date hereof the ----------------------------------- Company shall take any action affecting the outstanding number of shares of Common Stock, other than an action described in any of the foregoing subsections of Section 6 hereof, inclusive, that would have a materially adverse effect upon the rights of the Holder, the Warrant Shares and the Warrant Price shall be adjusted in such manner and at such time as the Company's Board of Directors on the advice of the Company's independent public accountants may in good faith determine to be equitable in the circumstances.
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