Other Dividends and Distributions. If the Company shall make or declare, or fix a record date for the determination of holders of equity securities entitled to receive, a dividend or any other distribution payable in cash, securities of the Company or other property, then, and in each such event, the Company shall ensure that provisions are made so that the Holder shall receive upon exercise of this Warrant, in addition to the number of the Shares receivable thereupon, the kind and amount of cash, securities of the Company or other property which the Holder would have been entitled to receive had this Warrant been exercised in full into the Shares on the date of such event and had the Holder thereafter, during the period from the date of such event to and including the date this Warrant is exercised, retained such cash, securities or other property receivable by them as aforesaid during such period, giving application to all adjustments called for during such period under this Section with respect to the rights of the Holder; provided, that no such provision shall be made if the Holder receives, simultaneously with the distribution to the holders of equity securities, a dividend or other distribution of such securities, cash or other property in an amount equal to the amount of such securities, cash or other property as the Holder would have received if this Warrant had been exercised in full into the Shares on the date of such event.
Appears in 12 contracts
Samples: Warrant Agreement (Dragonfly Energy Holdings Corp.), Warrant Agreement (Dragonfly Energy Holdings Corp.), Warrant Agreement (Dragonfly Energy Holdings Corp.)
Other Dividends and Distributions. If Subject to the provisions of this Section 7(c), if Company shall shall, at any time or from time to time after the Issue Date, make or declare, or fix a record date for the determination of holders of equity securities Common Stock entitled to receive, a dividend or any other distribution payable in cash, securities of the Company (other than a dividend or distribution of shares of Common Stock, Options or Convertible Securities in respect of outstanding shares of Common Stock), cash or other property, then, and in each such event, the Company provision shall ensure that provisions are be made so that the Holder shall receive upon exercise of this the Warrant, in addition to the number of the Warrant Shares receivable thereupon, the kind and amount of cash, securities of the Company Company, cash or other property which the Holder would have been entitled to receive had this the Warrant been exercised in full into the Warrant Shares on the date of such event and had the Holder thereafter, during the period from the date of such event to and including the date this Warrant is exercisedExercise Date (as hereinafter defined), retained such cashsecurities, securities cash or other property receivable by them as aforesaid during such period, giving application to all adjustments called for during such period under this Section 7 with respect to the rights of the Holder; provided, that no such provision shall be made if the Holder receives, simultaneously with the distribution to the holders of equity securitiesCommon Stock, a dividend or other distribution of such securities, cash or other property in an amount equal to the amount of such securities, cash or other property as the Holder would have received if this the Warrant had been exercised in full into the Warrant Shares on the date of such event.
Appears in 10 contracts
Samples: Credit Agreement (C-Iii Capital Partners LLC), Warrant Agreement (C-Iii Capital Partners LLC), Warrant Agreement (C-Iii Capital Partners LLC)
Other Dividends and Distributions. If the Company Company, at any time or from time to time after the date hereof, shall make declare or declaremake, or fix a record date for the determination of holders of equity securities Common Stock entitled to receive, a dividend or any other distribution payable in cash, securities or other property of the Company or other propertythan shares of Common Stock, then, then and in each such event, the Company event provision shall ensure that provisions are be made so that the Holder shall receive upon exercise of this Warranthereof, in addition to the number of the Shares shares of Common Stock receivable thereupon, the kind and amount of cash, such other securities of the Company or the value of such other property which the Holder that they would have been entitled to receive received had this Warrant been exercised in full into the Shares for Common Stock on the date of such event and had the Holder thereafter, during the period from the date of such event to and including the date this Warrant is exercisedconversion date, retained such cash, securities or other property receivable by them as aforesaid during such period, period giving application to all adjustments called for during such period under this Section 3.3 with respect to the rights of the Holder; and, provided, further, however, that no such provision adjustment shall be made if the Holder receives, simultaneously with the distribution to the holders of equity securities, receives a dividend or other distribution of such securities, cash securities or other property in an amount equal to the amount of such securities, cash securities or other property as the Holder he or she would have received if this Warrant had been exercised in full into the Shares for Common Stock on the date of such event.
Appears in 2 contracts
Samples: Warrant Agreement (Incentra Solutions, Inc.), Warrant Agreement (Incentra Solutions, Inc.)
Other Dividends and Distributions. If the Company Company, at any time or from time to time after the date hereof, shall make declare or declaremake, or fix a record date for the determination of holders of equity securities Common Stock entitled to receive, a dividend or any other distribution payable in cash, securities or other property of the Company or other propertythan shares of Common Stock, then, then and in each such event, the Company event provision shall ensure that provisions are be made so that the Holder shall receive upon exercise of this Warranthereof, in addition to the number of the Shares shares of Common Stock receivable thereupon, the kind and amount of cash, such other securities of the Company or the value of such other property which the Holder that they would have been entitled to receive received had this Warrant been exercised in full into the Shares for Common Stock on the date of such event and had the Holder thereafter, during the period from the date of such event to and including the date this Warrant is exercisedconversion date, retained such cash, securities or other property receivable by them as aforesaid during such period, period giving application to all adjustments called for during such period under this Section 3.3 with respect to the rights of the Holder; providedand, PROVIDED, FURTHER, however, that no such provision adjustment shall be made if the Holder receives, simultaneously with the distribution to the holders of equity securities, receives a dividend or other distribution of such securities, cash securities or other property in an amount equal to the amount of such securities, cash securities or other property as the Holder he or she would have received if this Warrant had been exercised in full into the Shares for Common Stock on the date of such event.
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Other Dividends and Distributions. If the Company Company, at any time or from time to time after the date hereof, shall make declare or declaremake, or fix a record date for the determination of holders of equity securities Common Stock entitled to receive, a dividend or any other distribution payable in cash, securities or other property of the Company or other propertythan shares of Common Stock, then, then and in each such event, the Company event provision shall ensure that provisions are be made so that the Holder shall receive upon exercise of this Warrantconversion hereof, in addition to the number of the Shares shares of Common Stock receivable thereupon, the kind and amount of cash, such other securities of the Company or the value of such other property which the Holder that he or she would have received had the Note been entitled to receive had this Warrant been exercised in full converted into the Shares Common Stock on the date of such event and had the Holder thereafter, during the period from the date of such event to and including the date this Warrant is exercisedconversion date, retained such cash, securities or other property receivable by them as aforesaid him or her during such period, period giving application to all adjustments called for during such period under this Section 3.7 with respect to the rights of the HolderHolders; providedand, PROVIDED, FURTHER, however, that no such provision adjustment shall be made if the Holder receives, simultaneously with the distribution to the holders of equity securities, receives a dividend or other distribution of such securities, cash securities or other property in an amount equal to the amount of such securities, cash securities or other property as the Holder he or she would have received if this Warrant the outstanding Note had been exercised in full converted into the Shares Common Stock on the date of such event.
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Other Dividends and Distributions. If the Company shall make Company, at any time after the issuance of this Warrant, makes or declaredeclares, or fix fixes a record date (or a record date otherwise occurs) for the determination of holders of equity securities shares of Common Stock entitled to receive, a dividend or any other distribution payable in cash, securities of the Company (other than a dividend or distribution of Common Stock or Convertible Securities convertible into or exchangeable for Common Stock), cash or other property, then, and in each such event, at the Company shall ensure that provisions are option of the Company, exercised by delivery of notice to the Holder, provision will be made so that the Holder shall will receive upon exercise of this the Warrant, in addition to the number of the Warrant Shares receivable thereupon, the kind and amount of cash, securities of the Company Company, cash or other property which the Holder would have been entitled to receive had this the Warrant been exercised in full into the Warrant Shares on the date of such event (and the record date therefor) and had the Holder thereafter, during the period from the date of such event to and including the date this Warrant is exercisedExercise Date, retained such cashsecurities, securities cash or other property receivable by them as aforesaid during such period, giving application to all adjustments called for during such period under this Section with respect to the rights of the Holder; provided, provided that no such provision shall be made if the Holder receives, simultaneously with the distribution to the holders of equity securitiesshares of Common Stock, a dividend or other distribution of such securities, cash or other property in an amount equal to the amount of such securities, cash or other property as the Holder would have received if this the Warrant had been exercised in full into the Warrant Shares on the date of such event.
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Other Dividends and Distributions. If the Company shall make Company, at any time after the issuance of this Warrant, makes or declaredeclares, or fix fixes a record date (or a record date otherwise occurs) for the determination of holders of equity securities Common Stock entitled to receive, a dividend or any other distribution payable in cash, securities of the Company (other than a dividend or distribution of shares of Common Stock, Options or Convertible Securities on the outstanding shares of Common Stock), cash or other property, then, and in each such event, at the Company shall ensure that provisions are option of the Company, exercised by delivery of notice to the Holder, provision will be made so that the Holder shall will receive upon exercise of this the Warrant, in addition to the number of the Warrant Shares receivable thereupon, the kind and amount of cash, securities of the Company Company, cash or other property which the Holder would have been entitled to receive had this the Warrant been exercised in full into the Warrant Shares on the date of such event (and the record date therefor) and had the Holder thereafter, during the period from the date of such event to and including the date this Warrant is exercisedExercise Date, retained such cashsecurities, securities cash or other property receivable by them as aforesaid during such period, giving application to all adjustments called for during such period under this Section 4.2(d) with respect to the rights of the Holder; provided, that no such provision shall be made if the Holder receives, simultaneously with the distribution to the holders of equity securitiesCommon Stock, a dividend or other distribution of such securities, cash or other property in an amount equal to the amount of such securities, cash or other property as the Holder would have received if this the Warrant had been exercised in full into the Warrant Shares on the date of such event.
Appears in 1 contract
Samples: Warrant Agreement (Avantor, Inc.)
Other Dividends and Distributions. If Subject to the Company shall provisions of this Section 2(c)(iii), if GameSquare shall, at any time or from time to time after the Issuance Date, make or declare, or fix a record date for the determination of holders of equity securities Common Stock entitled to receive, a dividend or any other distribution payable in securities of GameSquare (other than a dividend or distribution of shares of Common Stock, Options, or Convertible Securities in respect of outstanding shares of Common Stock), cash, securities of the Company or other property, then, and in each such event, the Company provision shall ensure that provisions are be made so that the Holder shall receive upon exercise conversion of this WarrantNote pursuant to Section 3(a)(i), in addition to the number of the Shares shares of Common Stock receivable thereupon, the kind and amount of securities of GameSquare, cash, securities of the Company or other property which the Holder would have been entitled to receive had this Warrant Note been exercised in full into the Shares shares of Common Stock on the date of such event and had the Holder thereafter, during the period from the date of such event to and including the date this Warrant is exercisedConversion Date, retained such securities, cash, securities or other property receivable by them as aforesaid during such period, giving application to all adjustments called for during such period under this Section 2(c) with respect to the rights of the Holder; provided, that no such provision shall be made if the Holder receives, simultaneously with the distribution to the holders of equity securitiesCommon Stock, a dividend or other distribution of such securities, cash cash, or other property in an amount equal to the amount of such securities, cash cash, or other property as the Holder would have received if this Warrant Note had been exercised in full into the Shares shares of Common Stock on the date of such event.
Appears in 1 contract
Samples: Convertible Note Agreement (GameSquare Holdings, Inc.)