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: Warrant Agreement (Kinetic Seas Inc.), Warrant Agreement (Kinetic Seas Inc.), Warrant Agreement (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 24 contracts

Samples: Common Stock Purchase Warrant (Societal CDMO, Inc.), Common Stock Purchase Warrant (Societal CDMO, Inc.), Warrant Agreement (Avedro 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 15 contracts

Samples: Indenture (Allegheny Energy Inc), Warrant Agreement (Mce Companies Inc), Warrant Agreement (Mce Companies 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 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: Warrant Agreement (Xtant Medical Holdings, Inc.), Warrant Agreement (Xtant Medical Holdings, Inc.), Warrant Agreement (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), Equity Holder 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 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: 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 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: Common Stock Purchase Warrant (E4l Inc), Warrant Agreement (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 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 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 that the Holder of this Warrant is entitled to receive upon exercise thereofof this Warrant pursuant to this Section 4.

Appears in 2 contracts

Samples: Investment Agreement (Expedia Group, Inc.), Investment Agreement (Expedia Group, 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 55.4, the Company Corporation shall take any action which may be necessary, including obtaining regulatory regulatory, NYSE or stockholder approvals or exemptions, in order that the Company Corporation may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock which the Holder issuable upon conversion of this Warrant is entitled to receive upon exercise thereofall outstanding shares of Series A Convertible Preferred Stock.

Appears in 1 contract

Samples: Securities Purchase Agreement (Velocity Financial, 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: Common Stock Purchase Warrant (Objective Communications 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 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: Warrant Agreement (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 56, the Company shall take any action which may be necessary, including obtaining regulatory regulatory, NASDAQ Stock Market or other 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 that the Holder of this Warrant is entitled to receive upon exercise thereofof this Warrant pursuant to this Section 6.

Appears in 1 contract

Samples: Warrant Agreement (QCR 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 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 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: Warrant Agreement (Easy Money Holding 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 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: Warrant Agreement (Nexsan 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 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: Common Stock Purchase Warrant (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 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.)

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