Common use of Readjustment of Warrant Price Clause in Contracts

Readjustment of Warrant Price. In the event the rate at which any Convertible Securities which are issued pursuant to Section 4(b)(i) above are convertible into or exchangeable for additional shares of Common Stock shall change, the Warrant Price and the number of shares of Common Stock for which this Warrant may be exercised in effect at the time of such event shall forthwith be readjusted to the Warrant Price and number of shares of Common Stock which would have been in effect at such time had such Convertible Securities provided for such conversion rate at the time initially issued. On the expiration of any such Stock Purchase Rights not exercised or of any such right to convert or exchange under any such Convertible Securities not exercised, (i) the Warrant Price then in effect hereunder shall forthwith be increased to the Warrant Price which would have been in effect at the time of such expiration or termination had such Stock Purchase Rights or Convertible Securities never been issued, and (ii) the number of shares of Common Stock for which this Warrant may be exercised then in effect hereunder shall forthwith be decreased to the number of shares of Common Stock which would have been in effect at the time of such expiration or termination had such Stock Purchase Rights or Convertible Securities never been issued. No readjustment of the Warrant Price pursuant to this Subsection (c) shall have the effect of increasing the Warrant Price by an amount in excess of the adjustment originally made to the Warrant Price in respect of the issue, sale or grant of the applicable Stock Purchase Rights or Convertible Securities.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (Furman Selz Sbic L P), Subscription Agreement (Furman Selz Sbic L P)

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Readjustment of Warrant Price. In Subject to the event provisions of the rate at which second sentence of this paragraph E(2), upon the expiration of the right to convert or exchange any Convertible Securities which are issued pursuant to Section 4(b)(i) above are convertible into Securities, or exchangeable upon the expiration of any rights, options or warrants, or upon any increase in the minimum consideration receivable by the Company for additional shares the issuance of Additional Shares of Common Stock pursuant to such Convertible Securities, rights, options or warrants, if any such Convertible Securities shall changenot have been converted or exchanged, the Warrant Price and or if any such rights, options or warrants shall not have been exercised, the number of shares of Common Stock for which this deemed to be issued and outstanding by reason of the fact that they were issuable upon conversion or exchange of any such Convertible Securities or upon exercise of any such rights, options or warrants shall no longer be computed as set forth above, and the Warrant may be exercised in effect at the time of such event Price shall forthwith be readjusted to and thereafter be the price which it would have been (but reflecting any other adjustments in the Warrant Price and made pursuant to the provisions of this SS.3 after thE issuance of such Convertible Securities, rights, options or warrants) had the adjustment of the Warrant Price made upon the issuance or sale of such Convertible Securities or the issuance of such rights, options or warrants been made on the basis of the issuance only of the number of shares Additional Shares of Common Stock which would have been in effect at such time had actually issued upon conversion or exchange of such Convertible Securities provided for such conversion rate at or upon the time initially issued. On the expiration of any such Stock Purchase Rights not exercised or of any such right to convert or exchange under any such Convertible Securities not exercised, (i) the Warrant Price then in effect hereunder shall forthwith be increased to the Warrant Price which would have been in effect at the time exercise of such expiration rights, options or termination had warrants, or upon the basis of such Stock Purchase Rights or Convertible Securities never been issuedincreased minimum consideration, as the case may be, and (ii) thereupon only the number of shares Additional Shares of Common Stock for which this Warrant may be exercised then in effect hereunder shall forthwith be decreased to actually so issued or the number thereof issuable upon the basis of shares of Common Stock which would such increased minimum consideration shall be deemed to have been issued and only the consideration actually received or such increased minimum consideration receivable by the Company (computed as provided in effect at subparagraph E(1) of this SS.3) shall be deemed to have beeN received by the time of such expiration or termination had such Stock Purchase Rights or Convertible Securities never been issuedCompany. No such readjustment of the Warrant Price pursuant to this Subsection (c) shall have the effect of increasing be made unless the Warrant Price by an amount in excess was adjusted under the provisions of paragraph C above at the adjustment originally made to the Warrant Price in respect of the issuetime such rights, sale options or grant of the applicable Stock Purchase Rights or Convertible Securitieswarrants were issued.

Appears in 1 contract

Samples: Warrant Agreement (Vision Twenty One Inc)

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Readjustment of Warrant Price. In Subject to the event provisions of the rate at which second sentence of this paragraph E(2), upon the expiration of the right to convert or exchange any Convertible Securities which are issued pursuant to Section 4(b)(i) above are convertible into Securities, or exchangeable upon the expiration of any rights, options or warrants, or upon any increase in the minimum consideration receivable by the Company for additional shares the issuance of Additional Shares of Common Stock pursuant to such Convertible Securities, rights, options or warrants, if any such Convertible Securities shall changenot have been converted or exchanged, the Warrant Price and or if any such rights, options or warrants shall not have been exercised, the number of shares of Common Stock for which this deemed to be issued and outstanding by reason of the fact that they were issuable upon conversion or exchange of any such Convertible Securities or upon exercise of any such rights, options or warrants shall no longer be computed as set forth above, and the Warrant may be exercised in effect at the time of such event Price shall forthwith be readjusted to and thereafter be the price which it would have been (but reflecting any other adjustments in the Warrant Price and made pursuant to the provisions of this SS.3 after the issuance of such Convertible Securities, rights, options or warrants) had the adjustment of the Warrant Price made upon the issuance or sale of such Convertible Securities or the issuance of such rights, options or warrants been made on the basis of the issuance only of the number of shares Additional Shares of Common Stock which would have been in effect at such time had actually issued upon conversion or exchange of such Convertible Securities provided for such conversion rate at or upon the time initially issued. On the expiration of any such Stock Purchase Rights not exercised or of any such right to convert or exchange under any such Convertible Securities not exercised, (i) the Warrant Price then in effect hereunder shall forthwith be increased to the Warrant Price which would have been in effect at the time exercise of such expiration rights, options or termination had warrants, or upon the basis of such Stock Purchase Rights or Convertible Securities never been issuedincreased minimum consideration, as the case may be, and (ii) thereupon only the number of shares Additional Shares of Common Stock for which this Warrant may be exercised then in effect hereunder shall forthwith be decreased to actually so issued or the number thereof issuable upon the basis of shares of Common Stock which would such increased minimum consideration shall be deemed to have been issued and only the consideration actually received or such increased minimum consideration receivable by the Company (computed as provided in effect at subparagraph E(1) of this SS.3) shall be deemed to have been received by the time of such expiration or termination had such Stock Purchase Rights or Convertible Securities never been issuedCompany. No such readjustment of the Warrant Price pursuant to this Subsection (c) shall have the effect of increasing be made unless the Warrant Price by an amount in excess was adjusted under the provisions of paragraph C above at the adjustment originally made to the Warrant Price in respect of the issuetime such rights, sale options or grant of the applicable Stock Purchase Rights or Convertible Securitieswarrants were issued.

Appears in 1 contract

Samples: Warrant Agreement (Vision Twenty One Inc)

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