Other Events. If any event occurs as to which the foregoing provisions of this Article 4 are not strictly applicable or, if strictly applicable, would not, in the good faith judgment of the Board, fairly and adequately protect the purchase rights of the registered holders of the Warrants in accordance with the essential intent and principles of such provisions, then the Board shall make such adjustments in the application of such provisions, in accordance with such essential intent and principles, as shall be reasonably necessary, in the good faith opinion of the Board, to protect such purchase rights as aforesaid.
Appears in 75 contracts
Samples: Warrant Agent Agreement (eFleets Corp), Warrant Agent Agreement (eFleets Corp), Warrant Agreement (Red Mountain Resources, Inc.)
Other Events. If any event occurs as to which the foregoing provisions of this Article 4 Section 3 are not strictly applicable or, if strictly applicable, would not, in the good faith judgment of the Board, fairly and adequately protect the purchase rights of the registered holders of the Warrants in accordance with the essential intent and principles of such provisions, then the Board shall make such adjustments in the application of such provisions, in accordance with such essential intent and principles, as shall be reasonably necessary, in the good faith opinion of the Board, to protect such purchase rights as aforesaid.
Appears in 18 contracts
Samples: Master Transaction Agreement (Emergent Capital, Inc.), Master Transaction Agreement (Emergent Capital, Inc.), Master Transaction Agreement (Emergent Capital, Inc.)
Other Events. If any event occurs as to which the foregoing provisions of this Article 4 3 are not strictly applicable or, if strictly applicable, would not, in the good faith judgment of the Board, fairly and adequately protect the purchase rights of the registered holders of the Warrants in accordance with the essential intent and principles of such provisions, then the Board shall make such adjustments in the application of such provisions, in accordance with such essential intent and principles, as shall be reasonably necessary, in the good faith opinion of the Board, to protect such purchase rights as aforesaid.
Appears in 8 contracts
Samples: Access Integrated Technologies, Inc. D/B/a Cinedigm Digital Cinema Corp., DPL Inc, Nalco Holding CO
Other Events. If any event occurs as to which the foregoing provisions of this Article Section 4 are not strictly applicable or, if strictly applicable, would not, in the good faith judgment of the Board, fairly and adequately protect the purchase rights of the registered holders of the Warrants in accordance with the essential intent and principles of such provisions, then the Board shall make such adjustments in the application of such provisions, in accordance with such essential intent and principles, as shall be reasonably necessary, in the good faith opinion of the Board, to protect such purchase rights as aforesaid.
Appears in 7 contracts
Samples: Warrant Agreement (Versatel Telecom International N V), Warrant Agreement (Versatel Telecom International N V), Warrant Agreement (Weight Watchers International Inc)
Other Events. If any event occurs as to which the foregoing provisions of this Article 4 are not strictly applicable or, if strictly applicable, would not, in the good faith judgment of the Board, fairly and adequately protect the purchase rights of the registered holders Registered Holders of the Warrants in accordance with the essential intent and principles of such provisions, then the Board shall make such adjustments in the application of such provisions, in accordance with such essential intent and principles, as shall be reasonably necessary, in the good faith opinion of the Board, to protect such purchase rights as aforesaid.
Appears in 6 contracts
Samples: Warrant Agreement (Medgenics, Inc.), Warrant Agreement (Liberty Acquisition Holdings Corp.), Warrant Agreement (Atlas Acquisition Holdings Corp.)
Other Events. If any event occurs as to which the foregoing provisions of this Article 4 Sections 4.1 and 4.2 are not strictly applicable or, if strictly applicable, would not, in the good faith judgment of the Board, fairly and adequately protect the purchase rights of the registered holders of represented by the Warrants in accordance with the essential intent and principles of such provisions, then the Board shall make such adjustments in the application of such provisions, in accordance with such essential intent and principles, as shall be reasonably necessary, in the good faith opinion of the Board, to protect such purchase rights as aforesaid.
Appears in 4 contracts
Samples: Escrow Agreement (Simmons Co /Ga/), Securities Purchase Agreement (Simmons Co /Ga/), Simmons Co /Ga/
Other Events. If any event occurs as to which the ------------ foregoing provisions of this Article 4 are not strictly applicable or, if strictly applicable, would not, in the good faith judgment of the Board, fairly and adequately protect the purchase rights of the registered holders Holders of the Warrants in accordance with the essential intent and principles of such provisions, then the Board shall make may make, without the consent of the Holders, such adjustments in to the application terms of such provisionsthis Article 4, in accordance with such essential intent and principles, as shall be reasonably necessary, in the good faith opinion of the such Board, to protect such purchase rights as aforesaid.
Appears in 3 contracts
Samples: Warrant Agreement (Golden State Bancorp Inc), Warrant Agreement (Golden State Bancorp Inc), Warrant Agreement (Golden State Bancorp Inc)
Other Events. If any event occurs as to which the foregoing provisions rovisions of this Article 4 are not strictly applicable or, if strictly applicable, would not, in the good faith judgment of the Board, fairly and adequately protect the purchase rights of the registered holders of the Warrants in accordance with the essential intent and principles of such provisions, then the Board shall make such adjustments in the application of such provisions, in accordance with such essential intent and principles, as shall be reasonably necessary, in the good faith opinion of the Board, to protect such purchase rights as aforesaid.
Appears in 3 contracts
Samples: Warrant Agreement (Media & Entertainment Holdings, Inc.), Warrant Agreement (Media & Entertainment Holdings, Inc.), Warrant Agreement (Media & Entertainment Holdings, Inc.)
Other Events. If any event occurs as to which the foregoing provisions of this Article 4 Section 5 are not strictly applicable or, if strictly applicable, would not, in the good faith judgment of the Board, fairly and adequately protect the purchase rights of the registered holders of the Warrants Holders in accordance with the essential intent and principles of such provisions, then the Board shall make such adjustments in the application of such provisions, in accordance with such essential intent and principles, as shall be reasonably necessary, in the good faith opinion of the Board, to protect such purchase rights as aforesaid.
Appears in 2 contracts
Samples: Warrant Agreement (Sole Elite Group LTD), Warrant Agreement (Sole Elite Group LTD)
Other Events. If any event occurs as to which the foregoing provisions of this Article Section 4 are not strictly applicable or, if strictly applicable, would not, in the good faith judgment of the Board, fairly and adequately protect the purchase rights of the registered holders of the Warrants Holders in accordance with the essential intent and principles of such provisions, then the Board shall make such adjustments in the application of such provisions, in accordance with such essential intent and principles, as shall be reasonably necessary, in the good faith opinion of the Board, to protect such purchase rights as aforesaid.
Appears in 2 contracts
Samples: Attunity LTD, Alon Shimon
Other Events. If any event occurs as to which the foregoing provisions of this Article 4 are not strictly applicable or, if strictly applicable, would not, in the good faith judgment of the Board, Board fairly and adequately protect the purchase rights of the registered holders of the Warrants in accordance with the essential intent and principles of such provisions, then the Board shall make such adjustments in the application of such provisions, in accordance with such essential intent and principles, as shall be reasonably necessary, in the good faith opinion of the Board, to protect such purchase rights as aforesaidaforesaid and shall give written notice to the Warrant Agent with respect to such determinations.
Appears in 2 contracts
Samples: Warrant Agreement (Sapphire Industrials Corp.), Warrant Agreement (Sapphire Industrials Corp.)
Other Events. If any event occurs as to which the foregoing provisions of this Article 4 IV are not strictly applicable or, if strictly applicable, would not, in the good faith judgment of the Board, fairly and adequately protect the purchase rights of the registered holders Holders of the Warrants in accordance with the essential intent and principles of such provisions, then the Board shall make may make, without the consent of the Holders, such adjustments in to the application terms of such provisionsthis Article IV, in accordance with such essential intent and principles, as shall will be reasonably necessary, in the good faith opinion of the such Board, to protect such purchase rights as aforesaid.
Appears in 2 contracts
Samples: Warrant Agreement (Dime Bancorp Inc), Warrant Agreement (Washington Mutual Inc)
Other Events. If any event occurs as to which the ------------ foregoing provisions of this Article 4 are not strictly applicable or, if strictly applicable, would not, in the good faith judgment of the Board, fairly and adequately protect the purchase rights of the registered holders of the Warrants in accordance with the essential intent and principles of such provisions, then the such Board shall make such adjustments in to the application terms of such provisionsthis Article 4, in accordance with such essential intent and principles, as shall be reasonably necessary, in the good faith opinion of the such Board, to protect such purchase rights as aforesaid.
Appears in 2 contracts
Samples: Warrant Agreement (Golden State Bancorp Inc), Warrant Agreement (Golden State Bancorp Inc)
Other Events. If any event occurs as to which the foregoing ------------ provisions of this Article 4 Section 4.2 and 4.3 are not strictly applicable or, . if strictly applicable, would not, in the good faith judgment of the Board, fairly and adequately protect the purchase rights of the registered holders of represented by the Warrants in accordance with the essential intent and principles of such provisions, then the Board shall make such adjustments in the application of such provisions, in accordance with such essential intent and principles, as shall be reasonably necessary, in the good faith opinion of the Board, to protect such purchase rights as aforesaid.
Appears in 1 contract
Samples: Medichem Life Sciences Inc
Other Events. If any event occurs as to which the foregoing ------------ provisions of this Article Section 4 are not strictly applicable or, if strictly applicable, would not, in the good faith judgment of the Board, fairly and adequately protect the purchase rights of the registered holders of the Warrants in accordance with the essential intent and principles of such provisions, then the Board shall make such adjustments in the application of such provisions, in accordance with such essential intent and principles, as shall be reasonably necessary, in the good faith opinion of the Board, to protect such purchase rights as aforesaid.
Appears in 1 contract
Samples: Warrant Agreement (Cybernet Internet Services International Inc)
Other Events. If any event occurs as to which the foregoing provisions of this Article 4 are not strictly applicable or, if strictly applicable, would not, in the good faith judgment of the Board, fairly and adequately protect the purchase rights of the registered holders of the Warrants in accordance with the essential intent and principles of such provisions, then the such Board shall make such adjustments in the application of such provisions, in accordance with such essential intent and principles, as shall be reasonably necessary, in the good faith opinion of the such Board, to protect such purchase rights as aforesaid.to
Appears in 1 contract
Samples: Warrant Agreement (Globalstar Telecommunications LTD)
Other Events. If any event occurs as to which the foregoing ------------ provisions of this Article 4 are not strictly applicable or, if strictly applicable, would not, in the good faith judgment of the Board, fairly and adequately protect the purchase rights of the registered holders Holders of the Warrants in accordance with the essential intent and principles of such provisions, then the Board shall make may make, without the consent of the Holders, such adjustments in to the application terms of such provisionsthis Article 4, in accordance with such essential intent and principles, as shall be reasonably necessary, in the good faith opinion of the such Board, to protect such purchase rights as aforesaid.
Appears in 1 contract
Other Events. If any event occurs as to which the foregoing provisions of this Article 4 are not strictly applicable or, if strictly applicable, would not, in the good faith judgment of the Company's board of directors (the "Board"), fairly and adequately protect the purchase rights of the registered holders of the Warrants in accordance with the essential intent and principles of such provisions, then the Board shall make such adjustments in the application of such provisions, in accordance with such essential intent and principles, as shall be reasonably necessary, in the good faith opinion of the Board, to protect such purchase rights as aforesaid.
Appears in 1 contract
Samples: Warrant Agreement (China Fundamental Acquisition Corp)
Other Events. If any event occurs as to which the foregoing provisions of this Article Section 4 are not strictly applicable or, if strictly applicable, would not, in the good faith judgment of the Board, fairly and adequately protect the purchase rights of the registered holders of the Warrants in accordance with the essential intent and principles of such provisions, then the Board shall make such adjustments in the application of such provisions, in accordance with such essential intent and principles, as shall be reasonably necessary, in the good faith opinion of the Board, to protect such purchase rights as aforesaid.
Appears in 1 contract
Samples: Warrant Agreement (China Mining Resources Holdings LTD)
Other Events. If any event occurs as to which the foregoing provisions of this Article Section 4 are not strictly applicable or, if strictly applicable, would not, in the good faith judgment of the Board, fairly and adequately protect the purchase rights of the registered holders Registered Holders of the Warrants in accordance with the essential intent and principles of such provisions, then the Board shall make such adjustments in the application of such provisions, in accordance with such essential intent and principles, as shall be reasonably necessary, in the good faith opinion of the Board, to protect such purchase rights as aforesaid.
Appears in 1 contract
Samples: Warrant Agreement (Atlas Acquisition Holdings Corp.)
