Ratchet Adjustment. If the Company issues Additional Common Shares after the date of the Warrant and the consideration per Additional Common Share (determined pursuant to Section 9) is less than the Warrant Price in effect immediately before such Issue, the Warrant Price shall be reduced to the lesser of: (a) the amount of such consideration per Additional Common Share; or (b) if the Company's common stock is traded on a national securities exchange or the National Association of Securities Dealers Automated Quotation System, the last reported bid or sale price of the Company's common stock on the first trading day following a public announcement of the Issuance.
Appears in 7 contracts
Samples: Antidilution Agreement (Alpha Microsystems), Antidilution Agreement (Continuus Software Corp /Ca), Antidilution Agreement (Orthologic Corp)
Ratchet Adjustment. If the Company issues Additional Common Shares after the date of the Warrant and the consideration per Additional Common Share (determined pursuant to Section 9) is less than the Warrant Price in effect immediately before such IssueIssue (a "Diluting Issuance"), the Warrant Price shall be reduced to the lesser of:
(a) the amount of such consideration per Additional Common Share; or
(b) if the Company's common stock is traded on a national securities exchange or the National Association of Securities Dealers Automated Quotation System, the last reported bid or sale price of the Company's common stock on the first trading day following a public announcement of the Issuance.
Appears in 2 contracts
Samples: Warrant Agreement (Imageware Software Inc), Warrant Agreement (Imaging Technologies Corp/Ca)