Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.
Appears in 22 contracts
Samples: Warrant Agreement (Vycor Medical Inc), Warrant Agreement (Vycor Medical Inc), Warrant Agreement (Bigelow Income Properties, LLC)
Reclassification, etc. If the Company, Company at any time while this Warrant, or any portion thereof, remains outstanding and unexpired shall, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that which were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1110.
Appears in 20 contracts
Samples: Warrant to Purchase Common Stock (Actinium Pharmaceuticals, Inc.), Warrant Agreement (Camp Nine, Inc.), Warrant Agreement (Camp Nine, Inc.)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.
Appears in 14 contracts
Samples: Warrant Agreement (Modern Mining Technology Corp.), Securities Exchange Agreement (Rto Holdings Inc), Convertible Note Purchase Agreement (Crown Resources Corp)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.
Appears in 12 contracts
Samples: Common Stock Warrant (Fuelcell Energy Inc), Warrant Agreement (Aperion Biologics, Inc.), Warrant Agreement (NationsHealth, Inc.)
Reclassification, etc. If the Company, at any time while this WarrantWarrant Agreement, or any portion thereofhereof, remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant Agreement exist into the same or a different number of securities of any other class or classes, this Warrant Agreement shall thereafter represent the right to acquire such number and kind of securities as the Holder would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under received if this Warrant Agreement had been exercised in full immediately prior to such reclassification or other change or immediately prior to the record date with respect thereto and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 114. The foregoing provisions of this Section 4(b) shall similarly apply to successive reclassifications or other changes.
Appears in 10 contracts
Samples: Warrant Agreement (Discovery Laboratories Inc /De/), Class C Warrant Agreement (Orthologic Corp), Warrant Agreement (Orthologic Corp)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.
Appears in 8 contracts
Samples: Loan Agreement (Xenonics Holdings, Inc.), Warrant Agreement (Xenonics Holdings, Inc.), Warrant Agreement (Xenonics Holdings, Inc.)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor Warrant Number shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11for herein.
Appears in 7 contracts
Samples: Stock Purchase Agreement (SafeStitch Medical, Inc.), Warrant Agreement (Ladenburg Thalmann Financial Services Inc), Warrant to Purchase Common Stock (Opko Health, Inc.)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1110.
Appears in 7 contracts
Samples: Warrant Agreement (Denali Concrete Management Inc), Common Stock and Warrant Purchase Agreement (Corautus Genetics Inc), Common Stock and Warrant Purchase Agreement (Corautus Genetics Inc)
Reclassification, etc. If the Company, at any time while this Warrant, Warrant or any portion thereof, hereof remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.
Appears in 6 contracts
Samples: Settlement Agreement (Ratexchange Corp), Purchase Agreement (Tellium Inc), Wind Up Agreement (Oakhurst Co Inc)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereof, remains Warrants remain outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant Warrants exist into the same or a different number of securities of any other class or classes, this Warrant Warrants shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant the Warrants immediately prior to such reclassification or other change and the Exercise Purchase Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 118.
Appears in 6 contracts
Samples: Warrant Agreement (Emex Corp), Warrant Agreement (Thorn Tree Resources L L C), Warrant Agreement (Thorn Tree Resources L L C)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of or any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 119.
Appears in 5 contracts
Samples: Warrant Agreement (COPsync, Inc.), Warrant Agreement (Walker Reid S), Warrant Agreement (SD Co Inc)
Reclassification, etc. If the Company, at any time while this Warrant, Warrant or any portion thereof, hereof remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Warrant Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 113.
Appears in 5 contracts
Samples: Unit Purchase Agreement (Remark Media, Inc.), Warrant Agreement (Remark Media, Inc.), Merger Agreement (Remark Media, Inc.)
Reclassification, etc. If the Company, Company at any time while any Installment of this Warrant, or any portion thereof, remains outstanding and unexpired shall, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that which were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor therefore shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1110.
Appears in 5 contracts
Samples: Intellectual Property Rights Agreement (Ceres, Inc.), Intellectual Property Rights Agreement (Ceres, Inc.), Warrant Agreement (Ceres, Inc.)
Reclassification, etc. If the Company, at any time while this Warrant, Warrant or any portion thereof, thereof remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1114.
Appears in 4 contracts
Samples: Consulting Agreement (VIASPACE Inc.), Warrant Agreement (VIASPACE Inc.), Warrant Agreement (VIASPACE Inc.)
Reclassification, etc. If the Company, at any time while this --------------------- Warrant, or any portion thereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.
Appears in 4 contracts
Samples: Warrant Agreement (Opinion Research Corp), Warrant Agreement (LLR Equity Partners Lp), Warrant Agreement (LLR Equity Partners Lp)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of or any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11Section10.
Appears in 4 contracts
Samples: Stock Purchase Warrant (Ideal Power Inc.), Warrant Agreement (Ideal Power Inc.), Warrant Agreement (Ideal Power Inc.)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 119.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Tyme Technologies, Inc.), Securities Acquisition Agreement (Tyme Technologies, Inc.), Securities Purchase Agreement (Tyme Technologies, Inc.)
Reclassification, etc. If the Company, Company at any time while this Warrant, or any portion thereof, remains outstanding and unexpired shall, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that which were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 118.
Appears in 4 contracts
Samples: Warrant Agreement (Bleach Group, Inc.), Warrant Agreement (WebXU, Inc.), Warrant Agreement (WebXU, Inc.)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereof, remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall intends to change any of the securities Exercise Shares as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, the Company represents that this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that which were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor Warrant Share Amount shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.
Appears in 4 contracts
Samples: Warrant Agreement (Vapotherm Inc), Warrant Agreement (Vapotherm Inc), Warrant Agreement (Vapotherm Inc)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereof, remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any the class of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of or any other class or classesclasses of securities, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 119.
Appears in 4 contracts
Samples: Common Stock Purchase Warrant (Biohitech Global, Inc.), Common Stock Purchase Warrant (Biohitech Global, Inc.), Common Stock Purchase Warrant (Biohitech Global, Inc.)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1110.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Encore Clean Energy Inc), Note Purchase and Line of Credit Agreement (Sunpower Corp), Stock Purchase Warrant (Emvelco Corp.)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 115.
Appears in 3 contracts
Samples: Warrant Agreement (Capstone Therapeutics Corp.), Warrant Agreement, Warrant Agreement (Capstone Therapeutics Corp.)
Reclassification, etc. If the Company, Company at any time while this Warrant, or any portion thereof, remains outstanding and unexpired shall, by reclassification of securities or otherwise, shall change any of the securities Common Stock as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that which were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 119.
Appears in 3 contracts
Samples: Warrant Agreement (Insite Vision Inc), Warrant Agreement (Insite Vision Inc), Warrant Agreement (Insite Vision Inc)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereof, remains outstanding and unexpired unexpired, by reorganization or reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reorganization or reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.
Appears in 3 contracts
Samples: Merger Agreement (Emerging Delta Corp), Stock and Warrant Purchase Agreement (California Micro Devices Corp), Stock and Warrant Purchase Agreement (California Micro Devices Corp)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1112. No adjustment shall be made pursuant to this Section 12 (b), upon any conversion of the Preferred Stock which is the subject of Section 12 (a).
Appears in 3 contracts
Samples: Sublease (OncoMed Pharmaceuticals Inc), Sublease (OncoMed Pharmaceuticals Inc), Lease Agreement (OncoMed Pharmaceuticals Inc)
Reclassification, etc. If the Company, at any time while this Warrant, Warrant or any portion thereofhereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor thereof shall be appropriately adjusted, all subject to further adjustment adjustments as provided in this Section 11Section.
Appears in 3 contracts
Samples: Warrant Agreement (Mark Capital LLC), Warrant Agreement (Mark Capital LLC), Warrant to Purchase Preferred Stock (Goldman Sachs Group Inc/)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereof, Warrant remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.
Appears in 3 contracts
Samples: Warrant Agreement (Borneo Resource Investments Ltd.), Consulting Agreement (United Heritage Corp), 8.5% Senior Secured Convertible Debenture and Warrant Purchase Agreement (Glen Rose Petroleum CORP)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1112.
Appears in 3 contracts
Samples: Warrant Agreement (Vycor Medical Inc), Warrant Agreement (Aptimus Inc), Warrant Agreement (Petplanet Com Inc)
Reclassification, etc. If the Company, Company at any time while this ---------------------- Warrant, or any portion thereof, remains outstanding and unexpired shall, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that which were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.
Appears in 3 contracts
Samples: Placement Agency Agreement (Incara Pharmaceuticals Corp), Placement Agency Agreement (Incara Pharmaceuticals Corp), Placement Agency Agreement (Incara Pharmaceuticals Corp)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 114.7. No adjustment shall be made pursuant to this Section 4.7, upon any conversion or redemption.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Cheetah Oil & Gas Ltd.), Private Placement Subscription Agreement (Heartland Oil & Gas Corp), Securities Purchase Agreement (Heartland Oil & Gas Corp)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11. No adjustment shall be made pursuant to this Section 11.2, upon any conversion or redemption of the Exercise Stock which is the subject of Section 11.1.
Appears in 3 contracts
Samples: Warrant Agreement (T Stamp Inc), Warrant Agreement (T Stamp Inc), Warrant Agreement (T Stamp Inc)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any the class of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of or any other class or classesclasses of securities, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 119.
Appears in 3 contracts
Samples: Warrant Agreement (Biohitech Global, Inc.), Securities Purchase Agreement (Biohitech Global, Inc.), Warrant Agreement (Workhorse Group Inc.)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change change, and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1112.
Appears in 2 contracts
Samples: Royalty and Services Agreement (Good Guys Inc), Stock and Warrant Subscription Agreement (Good Guys Inc)
Reclassification, etc. If the Company, at any time while this WarrantWarrant is exercisable and unexpired, or any portion thereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 119.
Appears in 2 contracts
Samples: Warrant Agreement (Gottaplay Interactive, Inc.), Warrant Agreement (Gottaplay Interactive, Inc.)
Reclassification, etc. If the Company, Company at any time while this Warrant, or any portion thereof, remains outstanding and unexpired shall, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that which were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 116.
Appears in 2 contracts
Samples: Warrant Agreement (Exogen Inc), Warrant Agreement (Exogen Inc)
Reclassification, etc. If the Company, at any time while this --------------------- Warrant, or any portion thereof, remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.
Appears in 2 contracts
Samples: Warrant Agreement (Tvia Inc), Warrant Agreement (Global Sports Inc)
Reclassification, etc. If the Company, Company at any time while this Warrant, or any portion thereof, remains outstanding and unexpired shall, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that which were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1112.
Appears in 2 contracts
Samples: Warrant Agreement (Xenetic Biosciences, Inc.), Warrant to Purchase Common Stock (Xenetic Biosciences, Inc.)
Reclassification, etc. If the Company, at any time while --------------------- this Warrant, or any portion thereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.
Appears in 2 contracts
Samples: Warrant Agreement (Opinion Research Corp), Warrant Agreement (LLR Equity Partners Lp)
Reclassification, etc. If the Company, Company at any time while this Warrant, or any portion thereof, remains outstanding and unexpired shall, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that which were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1112.
Appears in 2 contracts
Samples: Manufacturing Agreement (Com21 Inc), Manufacturing Agreement (Com21 Inc)
Reclassification, etc. If the Company, Company at any time while this Warrant, or any portion thereof, remains outstanding and unexpired shall, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, ; this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that which were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1110.
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Ceres, Inc.), Convertible Note Purchase Agreement (Ceres, Inc.)
Reclassification, etc. If the Company, at any time while this Warrant, Warrant or any portion thereof, hereof remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1112.
Appears in 2 contracts
Samples: Brokerage Agreement (Ratexchange Corp), Brokerage Agreement (Ratexchange Corp)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of or any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1110.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Ideal Power Inc.), Securities Purchase Agreement (Ideal Power Inc.)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereof, remains outstanding and unexpired unexpired, shall, by the reclassification or exchange of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification reclassification, exchange, or other change and the Exercise Purchase Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 119.
Appears in 2 contracts
Samples: Series C Convertible Preferred Stock Purchase Warrant (ClearStory Systems, Inc.), Series C Convertible Preferred Stock Purchase Warrant (ClearStory Systems, Inc.)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1112. No adjustment shall be made pursuant to this Section 12.3, upon any conversion or redemption of the Series B Convertible Preferred Stock which is the subject of Section 12.1.
Appears in 2 contracts
Samples: Warrant Agreement (SPS Commerce Inc), Warrant Agreement (SPS Commerce Inc)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 112.
Appears in 2 contracts
Samples: Warrant Agreement (Upwork Inc.), Warrant Agreement (Upwork Inc.)
Reclassification, etc. If the Company, at any time while this Warrant, --------------------- or any portion thereof, remains outstanding and unexpired by reclassification of securities or -11- otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.
Appears in 2 contracts
Samples: Warrant Agreement (LLR Equity Partners Lp), Warrant Agreement (Opinion Research Corp)
Reclassification, etc. If the CompanyIf, (i) at any time on or after the Date of Issuance and (ii) while this Warrant, or any portion thereof, Warrant remains outstanding and unexpired unexpired, the Company shall, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that which were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.
Appears in 2 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Generation NEXT Franchise Brands, Inc.)
Reclassification, etc. If the Company, Company at any time while this Warrant, or any portion thereof, remains outstanding and unexpired shall, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that which were subject to the purchase rights under this the Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1110.
Appears in 2 contracts
Samples: Warrant Purchase Agreement (Avanex Corp), Warrant Purchase Agreement (Avanex Corp)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.. ----------
Appears in 2 contracts
Samples: Warrant Agreement (Tomen Corp), Warrant Agreement (Tomen Corp)
Reclassification, etc. If the Company, at any time while this ---------------------- Warrant, or any portion thereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 116.
Appears in 2 contracts
Samples: Warrant Agreement (Sheffield Pharmaceuticals Inc), Warrant Agreement (Sheffield Pharmaceuticals Inc)
Reclassification, etc. If the Company, Company at any time while this Warrant, or any portion thereof, remains outstanding and unexpired shall, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that which were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor therefore shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1110.
Appears in 2 contracts
Samples: Warrant Agreement (Ceres, Inc.), Warrant Agreement (Ceres, Inc.)
Reclassification, etc. If the Company, Company at any time while this Warrant, or any portion thereof, remains outstanding and unexpired shall, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that which were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.
Appears in 1 contract
Samples: Warrant to Purchase Common Stock (Xenetic Biosciences, Inc.)
Reclassification, etc. If the Company, Company at any time while this --------------------- Warrant, or any portion thereof, remains outstanding and unexpired shall, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that which were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change change, and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.
Appears in 1 contract
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 111 1.
Appears in 1 contract
Reclassification, etc. If the Company, at any time while this Warrant, Warrant or any portion thereof, thereof remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Base Price and Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 116.
Appears in 1 contract
Samples: Convertible Promissory Note (Perennial Health Systems Inc)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of or securities of or any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor therefore shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11Section.
Appears in 1 contract
Reclassification, etc. If the Company, at any time while this --------------------- Warrant, or any portion thereofhereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.. ----------
Appears in 1 contract
Samples: Warrant Agreement (Petsmart Com Inc)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of or any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 118.
Appears in 1 contract
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired unexpired, shall change by reclassification of securities or otherwise, shall change otherwise any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classeskind, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 118.
Appears in 1 contract
Reclassification, etc. If the Company, at any time while this Warrant, Warrant or any portion thereof, thereof remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1112.
Appears in 1 contract
Samples: Warrant to Purchase Common Stock (Winwin Gaming Inc)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1112.
Appears in 1 contract
Samples: Warrant Agreement (Solazyme Inc)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereof, remains outstanding and unexpired by reclassification of securities or or, otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.
Appears in 1 contract
Samples: Warrant Agreement (Power Medical Interventions, Inc.)
Reclassification, etc. If the Company, at any time while this WarrantWarrants, or any portion thereof, remains remain outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant the Warrants exist into the same or a different number of securities of any other class or classes, this Warrant the Warrants shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant the Warrants immediately prior to such reclassification or other change and the Exercise Price therefor thereof shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.
Appears in 1 contract
Samples: Warrant Agreement (Accelacorp 1 Inc)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1112. No adjustment shall be made pursuant to this Section 12.3, upon any conversion or redemption of the Series B-1 Preferred Stock which is the subject of Section 12.1.
Appears in 1 contract
Samples: Warrant Agreement (Enernoc Inc)
Reclassification, etc. If the Company, Company at any time while this ---------------------- Warrant, or any portion thereof, remains outstanding and unexpired shall, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that which were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change change, and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.
Appears in 1 contract
Samples: Settlement & Dispute Resolution (Microelectronic Packaging Inc /Ca/)
Reclassification, etc. If the Company, at any time while this Warrant, Common Stock Warrant or any portion thereof, thereof is exercisable and remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Common Stock Warrant exist into the same or a different number of securities of any other class or classes, this Common Stock Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Common Stock Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1110.
Appears in 1 contract
Samples: Warrant Agreement (Protalex Inc)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofof this Warrant, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11Paragraph.
Appears in 1 contract
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 116.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Ridgewood Power Growth Fund /Nj)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price and Closing Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.
Appears in 1 contract
Reclassification, etc. If the Company, at any time while this Warrant, Warrant or any portion thereof, hereof remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Warrant Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 113.
Appears in 1 contract
Samples: Warrant Agreement (EQM Technologies & Energy, Inc.)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.as
Appears in 1 contract
Samples: Warrant Agreement (Docent Inc)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this 7203893v.4 Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1113.
Appears in 1 contract
Samples: Securities Purchase Agreement (Fuelcell Energy Inc)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereof, remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of or any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor therefore shall be appropriately adjusted, all subject to further adjustment as provided in this Section 112.
Appears in 1 contract
Reclassification, etc. If the CompanyIf, at any time while this Warrant, or any portion thereof, remains outstanding and unexpired and the Company, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor therefore shall be appropriately adjusted, all subject to further adjustment as provided in this Section 118.
Appears in 1 contract
Reclassification, etc. If the Company, Company at any time while this Warrant, or any portion thereof, remains outstanding and unexpired shall, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that which were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11herein.
Appears in 1 contract
Samples: Warrant Agreement (Burst Com Inc)
Reclassification, etc. If the Company, at any time time, while this Warrant, or any portion thereofhereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of or any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 119.
Appears in 1 contract
Samples: Warrant Agreement (Second Sight Medical Products Inc)
Reclassification, etc. If the Company, Company at any time while this Warrant, or any portion thereof, remains outstanding and unexpired shall, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that which were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change change, and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1110.
Appears in 1 contract
Samples: Warrant Agreement (Endorex Corp)
Reclassification, etc. If the Company, Company at any time while this Warrant, or any portion thereof, remains outstanding and unexpired shall, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that which were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 119.
Appears in 1 contract
Samples: Common Stock Warrant Exchange Agreement (Kreido Biofuels, Inc.)
Reclassification, etc. If the Company, Company at any time while this Warrant, or any portion thereof, Warrant remains outstanding and unexpired shall, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that which were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change change, and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 119.
Appears in 1 contract
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired exercisable, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change change, and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 119.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Go2green Landscaping, Inc.)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11Section. No adjustment shall be made pursuant to this Section, upon any conversion of the Preferred Stock which is the subject of this Section.
Appears in 1 contract
Samples: Marketing Agreement (Docent Inc)
Reclassification, etc. If the Company, at any time while this Warrant, Warrant or any portion thereof, hereof remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.
Appears in 1 contract
Reclassification, etc. If the Company, Company at any time while this Warrant, or any portion thereof, remains outstanding and unexpired shall, by reclassification of securities or otherwise, shall including, without limitation, any merger, consolidation or similar transaction, change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that which were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1112.
Appears in 1 contract
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.8. ----------------------- WARRANT CERTIFICATE - Page 4
Appears in 1 contract
Samples: Warrant Agreement (Asd Systems Inc)
Reclassification, etc. If the Company, Company at any time while this Warrant, --------------------- or any portion thereof, remains outstanding and unexpired shall, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that which were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.
Appears in 1 contract
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor Warrant Number shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11for herein.
Appears in 1 contract
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereof, Warrant remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1113.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Prospect Global Resources Inc.)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 117.
Appears in 1 contract
Samples: Warrant Agreement (Veriteq)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1113.
Appears in 1 contract
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereof, remains outstanding and unexpired unexpired, by reorganization or reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reorganization or reclassification or other change and the Exercise Warrant Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11Article 2.
Appears in 1 contract
Reclassification, etc. If the Company, at any time while this Warrant, Warrant or any portion thereof, hereof remains outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 117.
Appears in 1 contract
Reclassification, etc. If the CompanyIf, at any time while this Warrant, Warrant or any portion thereof, remains outstanding and unexpired by reclassification of securities or otherwise, the Company shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 119.
Appears in 1 contract
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11.
Appears in 1 contract
Reclassification, etc. If the Company, at any time while this WarrantOption, or any portion thereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant Option exist into the same or a different number of securities of any other class or classes, this Warrant Option shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant Option immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 11Section.
Appears in 1 contract
Samples: Option to Purchase Common Stock (Gs Agrifuels Corp)
Reclassification, etc. If the Company, at any time while this Warrant, or any portion thereofhereof, remains outstanding and unexpired by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant exist into the same or a different number of securities of any other class or classes, this Warrant shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant immediately prior to such reclassification or other change and the Exercise Price therefor shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1113.
Appears in 1 contract
Samples: Warrant Agreement (Zilog Inc)
Reclassification, etc. If the Company, at any time while this WarrantWarrants, or any portion thereof, remains remain outstanding and unexpired unexpired, by reclassification of securities or otherwise, shall change any of the securities as to which purchase rights under this Warrant the Warrants exist into the same or a different number of securities of any other class or classes, this Warrant the Warrants shall thereafter represent the right to acquire such number and kind of securities as would have been issuable as the result of such change with respect to the securities that were subject to the purchase rights under this Warrant the Warrants immediately prior to such reclassification or other change and the Exercise Price therefor thereof shall be appropriately adjusted, all subject to further adjustment as provided in this Section 1112.
Appears in 1 contract