Common use of Proceedings Prior to Any Action Requiring Adjustment Clause in Contracts

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 5, the Company shall take any action which may be necessary, including obtaining regulatory approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock which the Holder of this Warrant is entitled to receive upon exercise thereof.

Appears in 26 contracts

Samples: Kinetic Seas Inc., Kinetic Seas Inc., Bellatora, Inc.

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Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 5, the Company shall take any action which may be necessary, including obtaining regulatory approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock Shares which the Warrant Holder of this Warrant is entitled to receive upon exercise thereofof the Warrant.

Appears in 22 contracts

Samples: Societal CDMO, Inc., Societal CDMO, Inc., Subscription Agreement (SteadyMed Ltd.)

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 54, the Company shall take any action which may be necessary, including obtaining regulatory approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock Shares which the Warrant Holder of this Warrant is entitled to receive upon exercise thereofof the Warrant.

Appears in 9 contracts

Samples: Xtant Medical Holdings, Inc., Xtant Medical Holdings, Inc., Xtant Medical Holdings, Inc.

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 56, the Company shall promptly take (and shall be permitted by the Holders to take) any action which may be necessary, including obtaining regulatory any applicable national securities exchange or stockholder approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock which the Warrant Shares that a Holder of this Warrant is entitled to receive upon exercise thereofof a Warrant pursuant to this Section 6.

Appears in 5 contracts

Samples: Creditor Warrant Agreement (PHI Group, Inc./De), Creditor Warrant Agreement (PHI Group, Inc./De), Creditor Warrant Agreement (PHI Group, Inc./De)

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 5, the Company shall take any action which may be necessary, including obtaining regulatory approvals or exemptions, in order that (a) the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock which the Holder of this Warrant is entitled to receive upon exercise thereof.

Appears in 5 contracts

Samples: Stock Purchase Warrant (Buildnet Inc), Stock Purchase Warrant (Buildnet Inc), Stock Purchase Warrant (Buildnet Inc)

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 54, the Company shall take any action such actions as are necessary, which may be necessaryinclude obtaining regulatory, including obtaining regulatory stock exchange or stockholder approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock which Shares (and any other securities, if applicable) that the Holder of this Warrant is entitled to receive upon exercise thereofof this Warrant pursuant to this Section 4.

Appears in 3 contracts

Samples: Subscription and Exchange Agreement (Comtech Telecommunications Corp /De/), NanoString Technologies Inc, NanoString Technologies Inc

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 5, the Company shall take any action which may be necessary, including obtaining regulatory approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock which the Warrant Holder of this Warrant is entitled to receive upon exercise thereofof the Warrant.

Appears in 2 contracts

Samples: E4l Inc, National Media Corp

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 56, the Company shall promptly take (and shall be permitted by the Holders to take) any action which may be necessary, including obtaining regulatory any stockholder approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock which the Warrant Shares that a Holder of this Warrant is entitled to receive upon exercise thereofof a Warrant pursuant to this Section 6.

Appears in 2 contracts

Samples: Jones Act Warrant Agreement (Hornbeck Offshore Services Inc /La), Creditor Warrant Agreement (Hornbeck Offshore Services Inc /La)

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 54, the Company shall take any action which may be necessary, including obtaining regulatory approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock Shares which the Warrant Holder of this Warrant is entitled to receive upon exercise thereofof the Warrant (subject to any statutory lockup provisions if applicable).

Appears in 2 contracts

Samples: Share Purchase Agreement (Medigus Ltd.), Share Purchase Agreement (Medigus Ltd.)

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 57, the Company shall take any action which may be necessary, including obtaining regulatory approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock which the Holder of this Warrant is entitled to receive upon exercise thereof.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Imall Inc)

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 5, the Company shall use commercially reasonable efforts to take any action which may be necessary, including obtaining regulatory approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock Shares which the Warrant Holder of this Warrant is entitled to receive upon exercise thereofof the Warrant.

Appears in 1 contract

Samples: Nexsan Corp

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Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 5, the Company shall take any action which may be necessary, including obtaining regulatory approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock Shares which the Warrant Holder of this Warrant is entitled to receive upon exercise thereofof this Warrant.

Appears in 1 contract

Samples: Stock Purchase Agreement (Heartsoft Inc)

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 5Article IV, the Company shall take any action which that may be necessary, including obtaining regulatory approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock which that the Holder holders of this Warrant is Series 1 Warrants are entitled to receive upon exercise thereof.

Appears in 1 contract

Samples: Roadrunner Transportation Systems, Inc.

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 5, the Company shall take any action which may be necessary, necessary including obtaining regulatory approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock which the Warrant Holder of this Warrant is entitled to receive upon exercise thereofof the Warrant.

Appears in 1 contract

Samples: Objective Communications Inc

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment or readjustment pursuant to this Section 5, the Company shall take any action which may be necessary, including obtaining regulatory approvals or exemptionsexemptions (in each case, other than any such approvals or exemptions necessitated by the Warrant Holder’s regulatory status), in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock Shares which the Warrant Holder of this Warrant is entitled to receive upon exercise thereofof the Warrant.

Appears in 1 contract

Samples: Credit Agreement (Harmony Biosciences Holdings, Inc.)

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section SECTION 5, the Company shall take any action which may be necessary, including obtaining regulatory approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock which the Warrant Holder of this Warrant is entitled to receive upon exercise thereofof the Warrant.

Appears in 1 contract

Samples: Kellstrom Industries Inc

Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 5Article IV, the Company shall take any action which may be necessary, including obtaining regulatory approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock which the Holder Holders of this Warrant is Warrants are entitled to receive upon exercise thereof.

Appears in 1 contract

Samples: Registration Rights Agreement (Easy Money Holding Corp)

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