Common use of Recapitalization Clause in Contracts

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; provided, however, that the aggregate purchase price shall remain the same.

Appears in 24 contracts

Samples: Stock Issuance Agreement (Nuvasive Inc), Restricted Stock Purchase Agreement (United Online Inc), Stock Purchase Agreement (Nuvasive Inc)

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Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares securities subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; provided, however, that the aggregate purchase price shall remain the same.

Appears in 19 contracts

Samples: Stock Issuance Agreement (Sequenom Inc), Stock Issuance Agreement (Discovery Partners International Inc), Stock Issuance Agreement (Packeteer Inc)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price Repurchase Price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's ’s capital structure; provided, however, that the aggregate purchase price Repurchase Price shall remain the same.

Appears in 10 contracts

Samples: Stock Purchase Agreement (Amyris Biotechnologies Inc), Stock Issuance Agreement (Upek Inc), Stock Issuance Agreement (Fuqi International, Inc.)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; providedPROVIDED, however, that the aggregate purchase price shall remain the same.

Appears in 10 contracts

Samples: Stock Issuance Agreement (About Com Inc), Stock Issuance Agreement (Rubios Restaurants Inc), Stock Issuance Agreement (Graphon Corp/De)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunderRight, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirementsright. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; provided, however, that the aggregate purchase price shall remain the same.

Appears in 9 contracts

Samples: Stock Purchase Agreement (Cisco Systems Inc), Stock Purchase Agreement (Phase Metrics Inc), Form of Stock Issuance Agreement (Legacy Software Inc)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares securities subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; providedPROVIDED, however, that the aggregate purchase price shall remain the same.

Appears in 9 contracts

Samples: Stock Issuance Agreement (Rhythms Net Connections Inc), Stock Issuance Agreement (Register Com Inc), Stock Issuance Agreement (Collateral Therapeutics Inc)

Recapitalization. Any new, substituted or additional securities ---------------- or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares securities subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; provided, -------- however, that the aggregate purchase price shall remain the same.

Appears in 9 contracts

Samples: Stock Issuance Agreement (Stamps Com Inc), Portal Software (Portal Software Inc), Stock Issuance Agreement (Restoration Hardware Inc)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares securities subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's ’s capital structure; provided, however, that the aggregate purchase price shall remain the same.

Appears in 7 contracts

Samples: Stock Issuance Agreement (Active Power Inc), Stock Issuance Agreement (Provide Commerce Inc), 2001 Stock Incentive Plan Stock Issuance Agreement (United Online Inc)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunderRight, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirementsright. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; providedPROVIDED, however, that the aggregate purchase price shall remain the same.

Appears in 7 contracts

Samples: Stock Purchase Agreement (Vista Medical Technologies Inc), Stock Purchase Agreement (Vista Medical Technologies Inc), Stock Issuance Agreement (New Stat Healthcare Inc)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunderRight, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirementsright. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares securities subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; provided, however, that the aggregate purchase price shall remain the same.

Appears in 5 contracts

Samples: Stock Issuance Agreement (Credit Management Solutions Inc), Xetel Corporation (Xetel Corp), Stock Issuance Agreement (Odwalla Inc)

Recapitalization. Any new, substituted or additional securities ---------------- or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunderRight, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirementsright. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; provided, however, that the aggregate purchase price shall remain the -------- same.

Appears in 4 contracts

Samples: Stock Issuance Agreement (Siebel Systems Inc), Stock Option Agreement (Hall Kinion & Associates Inc), Naviant Technology (Naviant Inc)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunderRight, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirementsright. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares securities subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; providedPROVIDED, however, that the aggregate purchase price shall remain the same.

Appears in 4 contracts

Samples: Stock Issuance Agreement (Coldwater Creek Inc), Stock Issuance Agreement (Globecomm Systems Inc), Stock Issuance Agreement (Advanced Fibre Communications Inc)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to or in exchange for the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunderRight, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirementsright. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the CorporationCompany's capital structure; provided, however, that the aggregate purchase price Purchase Price shall remain the same. Any securities or other property (including cash) distributed with respect to the Purchased Shares shall be held in escrow.

Appears in 3 contracts

Samples: Employment Agreement (Ion Networks Inc), Employment Agreement (Ion Networks Inc), Employment Agreement (Ion Networks Inc)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Unvested Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Unvested Shares subject to this Agreement and Agreement. In addition, for purposes of determining the Repurchase Price, appropriate adjustments shall be made to the price per share to be paid upon the exercise of the Repurchase Right Exercise Price in order to reflect the effect of any such Recapitalization upon the Corporation's ’s capital structure; provided, however, that the aggregate purchase price Exercise Price shall remain the same.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Active Network Inc), Stock Purchase Agreement (Active Network Inc)

Recapitalization. Any new, substituted or additional securities ---------------- or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; provided, however, that the aggregate purchase price shall remain the same.

Appears in 2 contracts

Samples: Prime Response (Prime Response Group Inc/De), Stock Issuance Agreement (Prime Response Inc/De)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; provided, however, that the aggregate purchase price shall remain the same.the

Appears in 2 contracts

Samples: Stock Purchase Agreement (Exult Inc), Stock Purchase Agreement (Broadcom Corp)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price Repurchase Price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's Company’s capital structure; provided, however, that the aggregate purchase price Repurchase Price shall remain the same.

Appears in 2 contracts

Samples: Share Option Agreement (ALPHA & OMEGA SEMICONDUCTOR LTD), Stock Purchase Agreement (ZST Digital Networks, Inc.)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares securities subject to this Agreement and to the price Repurchase Price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's ’s capital structure; provided, however, that the aggregate purchase price Repurchase Price shall remain the same.

Appears in 2 contracts

Samples: Stock Issuance Agreement (Intrusion Inc), Stock Issuance Agreement (Borland Software Corp)

Recapitalization. Any new, substituted or additional securities ---------------- or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; provided, however, that the aggregate purchase price shall remain the same.. --------

Appears in 2 contracts

Samples: Stock Purchase Agreement (Kana Communications Inc), Sequenom Inc

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number number, kind and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's ’s capital structure; provided, however, that the aggregate purchase price shall remain the same.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Ceres, Inc.), Stock Purchase Agreement (Ceres, Inc.)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Issued Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Issued Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares securities subject to this Agreement and to the price Repurchase Price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's ’s capital structure; provided, however, that the aggregate purchase price Repurchase Price shall remain the same.

Appears in 2 contracts

Samples: Restricted Stock Award Agreement (Sandisk Corp), Restricted Stock Award Agreement (Sandisk Corp)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares or into which the Purchase Shares are converted shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares securities subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; provided, however, that the aggregate purchase price Purchase Price shall remain the same.

Appears in 2 contracts

Samples: Stock Issuance Agreement (Register Com Inc), Stock Issuance Agreement (Register Com Inc)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate and proportionate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price Repurchase Price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's ’s capital structure; provided, however, that the aggregate purchase price Repurchase Price shall remain the same.

Appears in 2 contracts

Samples: Stock Option Agreement, Stock Option Agreement (Danger Inc)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunderRight, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirementsright. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's Company’s capital structure; provided, however, that the aggregate purchase price shall remain the same. Any securities or other property (including cash) distributed with respect to the Purchased Shares may be held in escrow.

Appears in 2 contracts

Samples: Stock Repurchase Agreement (Sun BioPharma, Inc.), Stock Repurchase Agreement (Sun BioPharma, Inc.)

Recapitalization. Any new, substituted or additional securities or other ---------------- property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; provided, however, that the aggregate purchase price shall remain the same.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Prime Response Group Inc/De), Stock Purchase Agreement (Prime Response Inc/De)

Recapitalization. Any new, substituted or additional securities or ---------------- other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; provided, however, that the aggregate purchase price shall remain the same.

Appears in 1 contract

Samples: Stock Issuance Agreement (Ocen Communications Inc)

Recapitalization. Any new, substituted or additional securities ---------------- or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the balance of the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunderRight, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirementsright. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the CorporationCompany's capital structure; provided, however, that the aggregate purchase price shall -------- ------- remain the same.

Appears in 1 contract

Samples: Agreement (Clearcommerce Corp)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; provided, however, that the aggregate purchase price shall remain the same.the

Appears in 1 contract

Samples: Stock Purchase Agreement (Discovery Laboratories Inc /De/)

Recapitalization. Any new, substituted or additional securities or other ---------------- property (including cash paid other than as a regular cash dividend) ), which is by reason of any Recapitalization distributed with respect to the Purchased Shares Shares, shall be immediately subject to the Repurchase Right and any escrow requirements hereunderRight, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirementsright. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the CorporationCompany's capital structure; provided, however, that the aggregate purchase price Purchase Price shall remain -------- the same.

Appears in 1 contract

Samples: Repurchase Agreement (Clearcommerce Corp)

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Recapitalization. Any new, substituted or additional securities or other ---------------- property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; provided, however, -------- that the aggregate purchase price shall remain the same.

Appears in 1 contract

Samples: Stock Pledge Agreement (Releasenow Com Corp)

Recapitalization. Any new, substituted or additional securities or ---------------- other property (including cash paid other than as a regular cash dividend) ), which is by reason of any Recapitalization distributed with respect to the Purchased Shares Shares, shall be immediately subject to the Repurchase Right and any escrow requirements hereunderRight, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirementsright. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the CorporationCompany's capital structure; provided, however, that the aggregate purchase price Purchase Price shall remain the same.. --------

Appears in 1 contract

Samples: Stock Subscription Agreement (Clearcommerce Corp)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunderRight, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirementsright. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's ’s capital structure; provided, however, that the aggregate purchase price shall remain the same. Any securities or other property (including cash) distributed with respect to the Purchased Shares may be held in escrow.

Appears in 1 contract

Samples: Stock Purchase Agreement (Masergy Communications Inc)

Recapitalization. Any new, substituted or additional ---------------- securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunderRight, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirementsright. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; provided, however, -------- that the aggregate purchase price shall remain the same.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cuc International Inc /De/)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any applicable escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; provided, however, that the aggregate purchase price shall remain the same.

Appears in 1 contract

Samples: Incorporated Stock Issuance Agreement (Theratx Inc /De/)

Recapitalization. Any new, substituted or additional securities ---------------- or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunderRight, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirementsright. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares securities subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; provided, however, that the aggregate purchase price shall remain the same.. --------

Appears in 1 contract

Samples: Stock Issuance Agreement (Genesys Telecommunications Laboratories Inc)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares securities subject to this Agreement and to the price Repurchase Price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; providedPROVIDED, however, that the aggregate purchase price Repurchase Price shall remain the same.

Appears in 1 contract

Samples: Stock Issuance Agreement (Ligand Pharmaceuticals Inc)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunderRight, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirementsright. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares securities subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's ’s capital structure; providedPROVIDED, however, that the aggregate purchase price shall remain the same.

Appears in 1 contract

Samples: Stock Issuance Agreement (Tellabs Inc)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price Repurchase Price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; provided, however, that the aggregate purchase price Repurchase Price shall remain the same.

Appears in 1 contract

Samples: Stock Option Agreement (OccuLogix, Inc.)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the CorporationCompany's capital structure; provided, however, that the aggregate purchase price shall remain the same.

Appears in 1 contract

Samples: Stock Purchase Agreement (Netzero Inc)

Recapitalization. Any new, substituted or additional ---------------- securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; provided, however, that the aggregate purchase price shall remain the same.

Appears in 1 contract

Samples: Stock Purchase Agreement (Sequenom Inc)

Recapitalization. Any new, substituted or additional securities or ---------------- other property (including cash paid other than as a regular cash dividend) ), which is by reason of any Recapitalization distributed with respect to the Purchased Shares Shares, shall be immediately subject to the Repurchase Right and any escrow requirements hereunderRight, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirementsright. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the CorporationCompany's capital structure; provided, however, that the aggregate purchase price Purchase Price shall -------- remain the same.

Appears in 1 contract

Samples: Repurchase Agreement (Clearcommerce Corp)

Recapitalization. Any new, substituted or additional securities ---------------- or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunderRight, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirementsright. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; provided, however, that the aggregate purchase price shall remain the -------- same. Any securities or other property (including cash) distributed with respect to the Purchased Shares may be held in escrow.

Appears in 1 contract

Samples: Naviant Technology (Naviant Inc)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to any of the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunderRight, but only to the extent the those Purchased Shares are at the time covered by such right or escrow requirementsright. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; provided, however, that the aggregate purchase price shall remain the same.

Appears in 1 contract

Samples: Stock Purchase Agreement (Diamond Jon)

Recapitalization. Any new, substituted or additional securities ---------------- or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunderRight, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirementsright. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the CorporationCompany's capital structure; provided, however, that the aggregate purchase price shall remain the same.. -------- -------

Appears in 1 contract

Samples: Corporation Stock Purchase Agreement (Clearcommerce Corp)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares subject to this Agreement and to the price Repurchase Price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the CorporationCompany's capital structure; provided, however, that the aggregate purchase price Repurchase Price shall remain the same.

Appears in 1 contract

Samples: Stock Purchase Agreement (Crocs, Inc.)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares securities subject to this Agreement and to the price Repurchase Price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; provided, however, that the aggregate purchase price Repurchase Price shall remain the same.

Appears in 1 contract

Samples: Restricted Stock Issuance Agreement (Veritas Software Corp /De/)

Recapitalization. Any new, substituted or additional securities or other property (including cash paid other than as a regular cash dividend) which is by reason of any Recapitalization distributed with respect to the Purchased Shares shall be immediately subject to the Repurchase Right and any escrow requirements hereunder, but only to the extent the Purchased Shares are at the time covered by such right or escrow requirements. Appropriate adjustments to reflect such distribution shall be made to the number and/or class of Purchased Shares securities subject to this Agreement and to the price per share to be paid upon the exercise of the Repurchase Right in order to reflect the effect of any such Recapitalization upon the Corporation's capital structure; provided, however, that the aggregate purchase price shall remain the same.. --------

Appears in 1 contract

Samples: Stock Issuance Agreement (Digital Island Inc)

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