Other Dilutive Events. In case any event shall occur as to which the provisions of Section 3 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder in accordance with the essential intent and principles of such Sections, then, in each such case, the Board of Directors of the Company shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to preserve, without dilution, the purchase rights represented by this Warrant.
Appears in 3 contracts
Samples: Warrant Agreement (Starband Communications Inc), Warrant Agreement (Starband Communications Inc), Warrant Agreement (Starband Communications Inc)
Other Dilutive Events. In case any event shall occur as to which in the opinion of the Board of Directors of the Company the provisions of Section 3 or Section 4 are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder in accordance with the essential intent and principles of such Sections, then, in each such case, the Board of Directors of the Company shall make an adjustment in the application of such provisions, provisions in accordance with such essential intent and principles, principles so as to preserve, without dilution, the purchase rights represented by this Warrant.
Appears in 2 contracts
Samples: Shareholders Agreement (Interdent Inc), Interdent Inc
Other Dilutive Events. In case any event shall occur as to which the provisions of Section 3 or Section 4 hereof are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder in accordance with the essential intent and principles of such Sections, then, then in each such case, the Company’s Board of Directors of the Company shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to preserve, without dilution, the purchase rights represented by this Warrant.
Appears in 1 contract
Samples: Retail Ventures Inc
Other Dilutive Events. In case any event shall occur as to which --------------------- the provisions of Section 3 or Section 4 hereof are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder in accordance with the essential intent and principles of such Sectionssections, then, in each such case, the Board of Directors of the Company shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to preserve, without dilution, the purchase rights represented by this Warrant.
Appears in 1 contract
Samples: Organogenesis Inc
Other Dilutive Events. In case any event shall occur as to --------------------- which the provisions of Section 3 or Section 4 hereof are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder in accordance with the essential intent and principles of such Sections, then, in each such case, the Board of Directors of the Company shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to preserve, without dilution, the purchase rights represented by this Warrant.
Appears in 1 contract
Samples: Registration Agreement (Navigant International Inc)
Other Dilutive Events. In case any event shall occur as to which the provisions of Section 3 or Section 4 hereof are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder in accordance with the essential intent and principles of such Sections, then, in each such case, the Board of Directors of the Company shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to preserve, without dilution, the purchase rights represented by this Warrant.Company
Appears in 1 contract
Samples: NTN Communications Inc
Other Dilutive Events. In case any event shall occur as to which --------------------- the provisions of Section 3 or Section 4 hereof are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder in accordance with the essential intent and principles of such Sections, then, in each such case, the Board of Directors of the Company shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to preserve, without dilution, the purchase rights represented by this Warrant.
Appears in 1 contract
Samples: Organogenesis Inc
Other Dilutive Events. In case any event shall occur as to which the provisions of Section section 2 or section 3 are not strictly applicable or if strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights of the Holder represented by this Warrant in accordance with the essential intent and principles of such Sectionssections, then, in each such case, the Board of Directors of the Company shall in good faith make an adjustment such adjustments in the application of such provisions, in accordance on a basis consistent with such the essential intent and principlesprinciples established in Sections 2 and 3, so as necessary to preserve, without dilution, preserve the purchase rights represented by this Warrant.
Appears in 1 contract
Samples: Granite Broadcasting Corp
Other Dilutive Events. In case any event shall occur as to which the --------------------- provisions of Section 3 or Section 4 hereof are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder in accordance with the essential intent and principles of such Sections, then, in each such case, the Board of Directors of the Company shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to preserve, without dilution, the purchase rights represented by this Warrant.
Appears in 1 contract
Samples: Cardiodynamics International Corp