Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warrant, so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 14 contracts
Samples: Warrant Agreement (NeuroSigma, Inc.), Warrant Agreement (NeuroSigma, Inc.), Warrant Agreement (NeuroSigma, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock (including because of a change of control) of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder of this Warrant shall have the right at any time prior to before the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to before such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 13 contracts
Samples: Warrant Agreement (Caravelle International Group), Warrant Agreement (Ideanomics, Inc.), Warrant Agreement (XTI Aerospace, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a4(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share Exercise Price payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 13 contracts
Samples: Common Stock Purchase Warrant (Igi Laboratories, Inc), Common Stock Purchase Warrant (Merriman Holdings, Inc), Common Stock Purchase Warrant (Merriman Holdings, Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder Holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder Holder of the same number of Shares as were purchasable by the holder Holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder Holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 12 contracts
Samples: Warrant Agreement (Akesis Pharmaceuticals, Inc.), Warrant Agreement (Optimer Pharmaceuticals Inc), Warrant Agreement (Akesis Pharmaceuticals, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 11 contracts
Samples: Warrant Purchase Agreement (Digital Generation Systems Inc), Employment Agreement (World Information Technology Inc), Common Stock and Warrant Purchase Agreement (Digital Generation Systems Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 11 contracts
Samples: Warrant Agreement (Toreador Resources Corp), Mutual Release and Settlement Agreement (Intelefilm Corp), Warrant Agreement (Toreador Resources Corp)
Reclassification, Reorganization and Consolidation. In case the event of any corporate reclassification, capital reorganization, consolidation, spin-off or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or changeevent, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and and/or other securities and property receivable in connection with such reclassification, reorganization, or change event by a holder of the same number of Shares as were purchasable by the holder of shares for which this Warrant could have been exercised immediately prior to such reclassification, reorganization, or changeevent. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunderExercise Price, provided that the aggregate purchase exercise price payable hereunder for the total number of Shares purchasable under this Warrant (as adjusted) shall remain the same.
Appears in 10 contracts
Samples: Note and Warrant Purchase Agreement (Galaxy Nutritional Foods Inc), Note and Warrant Purchase Agreement (Galaxy Nutritional Foods Inc), Warrant Agreement (Deluca Frederick A)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a10(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 9 contracts
Samples: Warrant Agreement (DG FastChannel, Inc), Warrant Agreement (DG FastChannel, Inc), Warrant Agreement (Toreador Resources Corp)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this WarrantWarrant (subject to adjustment of the Exercise Price as provided in Section 8), the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 9 contracts
Samples: Warrant Agreement (Vcampus Corp), Warrant Agreement (Vcampus Corp), Warrant Agreement (Vcampus Corp)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a9(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 9 contracts
Samples: Warrant Agreement (Grove Collaborative Holdings, Inc.), Warrant Agreement (Atrinsic, Inc.), Warrant Agreement (Atrinsic, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof hereof, including Sections 7(a), shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 9 contracts
Samples: Warrant Agreement (CNS Response, Inc.), Warrant Agreement (CNS Response, Inc.), Warrant Agreement (CNS Response, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warrant, so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 7 contracts
Samples: Warrant Purchase Agreement (Seebeyond Technology Corp), Warrant Agreement (Debut Broadcasting Corporation, Inc.), Stock Purchase Agreement (Southwall Technologies Inc /De/)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock type of securities of the Company issuable upon exercise of this Warrant (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a2.1 above or Section 2.3 below) above)or consolidation or merger involving the Company in which the Common Stock is converted into or exchanged for securities, cash or other property, then, as a condition of such reclassification, reorganization, change, consolidation or changemerger, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, change, consolidation or change merger by a holder of the same number and type of Shares securities as were purchasable as Warrant Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, change, consolidation or changemerger. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Warrant Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain remain, as nearly as reasonably may be, the same.
Appears in 7 contracts
Samples: Series B 2 Convertible Preferred Stock and Warrant Purchase Agreement, Series B Convertible Preferred Stock and Warrant Purchase Agreement (Radius Health, Inc.), Series B 2 Convertible Preferred Stock and Warrant Purchase Agreement (Radius Health, Inc.)
Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization, reorganization or change in the Common Stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a9(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant Option to purchase, at a total price equal to that payable upon the exercise of this WarrantOption, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case case, appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share Exercise Price payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 6 contracts
Samples: Option to Acquire Shares (National Health Partners Inc), Employment Agreement (National Health Partners Inc), Option to Acquire Shares (National Health Partners Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) aboveabove or as a result of a Change of Control), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 6 contracts
Samples: Warrant Agreement (Sagent Technology Inc), Warrant Agreement (Sagent Technology Inc), Warrant Agreement (Sagent Technology Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder Holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, reorganization or change by a holder Holder of the same number of Shares shares of Common Stock as were purchasable by the holder Holder of this Warrant immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder Holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 6 contracts
Samples: Warrant Agreement (Ispire Technology Inc.), Warrant Agreement (Basanite, Inc.), Warrant Agreement (Basanite, Inc.)
Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization, reorganization or change in the Common Stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant Option to purchase, at a total price equal to that payable upon the exercise of this WarrantOption, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case case, appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share Exercise Price payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 5 contracts
Samples: Option to Acquire Shares (National Health Partners Inc), Option Agreement (National Health Partners Inc), Option to Acquire Shares (National Health Partners Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above8(a)), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case case, appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 5 contracts
Samples: Warrant Agreement (Rockdale Resources Corp), Warrant Agreement (Rockdale Resources Corp), Warrant Agreement (Rockdale Resources Corp)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof hereof, including Sections 6(a), shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 5 contracts
Samples: Warrant Agreement (MYnd Analytics, Inc.), Warrant Agreement (MYnd Analytics, Inc.), Warrant Agreement (MYnd Analytics, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) 5.1 above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 4 contracts
Samples: Warrant Agreement (Metro One Telecommunications Inc), Warrant Agreement (Metro One Telecommunications Inc), Warrant Agreement (Metro One Telecommunications Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warrant, so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 4 contracts
Samples: Note and Warrant Purchase Agreement (Amarantus BioSciences, Inc.), Note and Warrant Purchase Agreement (Amarantus BioSciences, Inc.), Note and Warrant Purchase Agreement (Jumpkicks, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Warrant Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Warrant Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 4 contracts
Samples: Warrant Agreement (Oscar Health, Inc.), Warrant Agreement (Oscar Health, Inc.), Warrant Agreement (Switchback Energy Acquisition Corp)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a9(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 4 contracts
Samples: Warrant Agreement (Selectica Inc), Warrant Agreement (Selectica Inc), Warrant Agreement (Fatbrain Com Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) above, and including conversion of the Shares), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 4 contracts
Samples: Warrant Agreement (Applied Genetic Technologies Corp), Warrant Agreement (Applied Genetic Technologies Corp), Warrant Agreement (Applied Genetic Technologies Corp)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Conversion Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Conversion Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 4 contracts
Samples: Warrant Agreement (Palantir Technologies Inc.), Warrant Agreement (Viveve Medical, Inc.), Warrant Agreement (Viveve Medical, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Preferred Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a9(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Preferred Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 3 contracts
Samples: Warrant Agreement (Theravance Inc), Warrant Agreement (Vincera, Inc.), Warrant Agreement (Vincera, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Warrant Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Warrant Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 3 contracts
Samples: Warrant Agreement (Switchback Energy Acquisition Corp), Warrant Agreement (Switchback Energy Acquisition Corp), Stock Warrant (Oxygen Therapy, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warrant, so that the holder of this Warrant shall Shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, Warrant the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the the-same number of Shares as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable de1iverable upon exercise hereof, hereof and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 3 contracts
Samples: Note and Warrant Purchase Agreement (Amarantus BioSciences, Inc.), Note and Warrant Purchase Agreement (Amarantus BioSciences, Inc.), Note and Warrant Purchase Agreement (Jumpkicks, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof hereof, including the provisions set forth in Section 1, shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 3 contracts
Samples: Common Stock Purchase Warrant (Nuvasive Inc), Intellectual Property Purchase Agreement (Nuvasive Inc), Intellectual Property Purchase Agreement (Nuvasive Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a4(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Conversion Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Conversion Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 3 contracts
Samples: Warrant Agreement (Odyssey Marine Exploration Inc), Warrant Agreement (Odyssey Marine Exploration Inc), Warrant Agreement (Odyssey Marine Exploration Inc)
Reclassification, Reorganization and Consolidation. In case -------------------------------------------------- of any reclassification, capital reorganization, or change in the Common Preferred Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Preferred Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 3 contracts
Samples: Warrant Agreement (Getthere Com), Warrant Agreement (Getthere Com), Warrant Agreement (Getthere Com)
Reclassification, Reorganization and Consolidation. In case the event of any corporate reclassification, capital reorganization, consolidation, spin-off or change in the Common Stock Shares of the Company (Company, other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or changeevent, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered delivered, to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and and/or other securities and property receivable in connection with such reclassification, reorganization, or change event by a holder of holding the same number of Shares as were purchasable by the holder of shares for which this Warrant could have been exercised immediately prior to such reclassification, reorganization, or changeevent. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunderExercise Price, provided that the aggregate purchase exercise price payable hereunder for the total number of Shares purchasable under this Warrant (as adjusted) shall remain the same.
Appears in 3 contracts
Samples: Standby Purchase Agreement (Waste Services, Inc.), Warrant Agreement (Ronco Corp), Warrant Agreement (Fi Tek Vii Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Warrant Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 3 contracts
Samples: Series F Preferred Stock Purchase Agreement (GlassHouse Technologies Inc), Warrant Agreement (GlassHouse Technologies Inc), Warrant Agreement (GlassHouse Technologies Inc)
Reclassification, Reorganization and Consolidation. In case the event of any corporate reclassification, capital reorganization, consolidation, spin-off or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a5(a) above), then, as a condition of such reclassification, reorganization, or changeevent, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and and/or other securities and property receivable in connection with such reclassification, reorganization, or change event by a holder of the same number of Shares as were purchasable by the holder of shares for which this Warrant could have been exercised immediately prior to such reclassification, reorganization, or changeevent. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunderExercise Price, provided that the aggregate purchase exercise price payable hereunder for the total number of Shares purchasable under this Warrant (as adjusted) shall remain the same.
Appears in 3 contracts
Samples: Warrant Agreement (Softbank Holdings Inc Et Al), Warrant Agreement (Softbank Holdings Inc Et Al), Warrant Agreement (Softbank Holdings Inc Et Al)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Preferred Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Preferred Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 3 contracts
Samples: Warrant Agreement (Force10 Networks Inc), Warrant Agreement (Planetrx Com), Warrant Agreement (Kinzan Com)
Reclassification, Reorganization and Consolidation. In case If at any time before the expiration of this Warrant, the Company undergoes any reclassification, capital reorganization, or change in the its Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, the Company (or change, lawful provision shall be made, its successor) will execute and duly executed deliver to the Holder appropriate documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder’s right, so that the holder of this Warrant shall have the right at any time prior to before the expiration of date on which this Warrant would expire, to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and and/or other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of change, as the same number of Shares as were purchasable by the holder of this Warrant Holder could have purchased immediately prior to before such reclassification, reorganization, or change. In any such case appropriate provisions shall will be made with respect to the Holder’s rights and interest of the holder of this Warrant so that the provisions hereof shall of this Warrant will thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereofof this Warrant, and appropriate adjustments shall will be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall will remain the sameunchanged.
Appears in 3 contracts
Samples: Warrant Agreement (Graymark Healthcare, Inc.), Warrant Agreement (Graymark Healthcare, Inc.), Warrant Agreement (Graymark Healthcare, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 3 contracts
Samples: Warrant Agreement (Health Sciences Acquisitions Corp 2), Warrant Agreement (Health Sciences Acquisitions Corp 2), Warrant Agreement (Health Sciences Acquisitions Corp 2)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantMLSC, so that the holder of this Warrant MLSC shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Warrant Shares by the holder of this Warrant MLSC immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant MLSC so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Warrant Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 3 contracts
Samples: Warrant Agreement (Myomo Inc), Warrant Agreement (Myomo Inc), Life Sciences Accelerator Funding Agreement (Arch Therapeutics, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Common Stock by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share of Common Stock payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (Anterios Inc), Warrant Agreement (Anterios Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrantmake appropriate provision, so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Warrant, so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided that the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (BioCardia, Inc.), Warrant Agreement (BioCardia, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than with respect to a Corporate Transaction or as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, made and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (Violin Memory Inc), Warrant Agreement (Violin Memory Inc)
Reclassification, Reorganization and Consolidation. In case of -------------------------------------------------- any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (Ginsburg Scott K), Warrant Agreement (Iown Holdings Inc)
Reclassification, Reorganization and Consolidation. In With respect to any series of Preferred Stock issuable hereunder, in case of any reclassification, capital reorganization, or change in the Common such Preferred Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) 4.1 above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior right, subject to the expiration termination provisions of this Warrant Section 2.1 hereto and the election of the Majority Holders, to purchase, at a total price equal to that remaining payable upon the full exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of such Preferred Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case case, appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Nanosphere Inc), Note and Warrant Purchase Agreement (Nanosphere Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Conversion Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Conversion Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (Yinlips Technology, Inc.), Warrant Agreement (Long-E International, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a8(a) aboveabove or a Corporate Transaction), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (Icx Technologies Inc), Warrant Agreement (Icx Technologies Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Warrant Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per per-share Exercise Price payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (Highpower International, Inc.), Warrant Agreement (Empowered Products, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, merger, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a5(a) above), then, as a condition of such reclassification, reorganizationmerger, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantWarrant Holder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant Expiration Date to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganizationmerger, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganizationmerger, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price for the total number of Shares purchasable under this Warrant (as adjusted) shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (Natera, Inc.), Warrant Agreement (Natera, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares Next Securities as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (BioCardia, Inc.), Warrant Agreement (BioCardia, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Master Sales and Licensing Agreement (Alien Technology Corp), Master Sales and Licensing Agreement (Alien Technology Corp)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Series D Preferred Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Series D Preferred Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Marketing Agreement (E Loan Inc), Marketing Agreement (E Loan Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (NeuroSigma, Inc.), Warrant Agreement (NeuroSigma, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock shares of common stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this WarrantWarrant (subject to adjustment of the Exercise Price as provided in this Section 8), the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares the shares of common stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (Unilife Corp), Warrant Agreement (Unilife Corp)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock (including because of a change of control) of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) 0 above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder of this Warrant shall have the right at any time prior to before the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to before such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Master Distribution Agreement (Bluearc Corp), Master Distribution Agreement (Bluearc Corp)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock (because of a change of control) of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder of this Warrant shall have the right at any time prior to before the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to before such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (National Automation Services Inc), Warrant Agreement (National Automation Services Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, consolidation or merger of the Company, sale or conveyance of all or substantially all assets of the Company or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a11(a) above), then, as a condition precedent of such reclassification, reorganization, consolidation, merger, sale, conveyance or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, consolidation, merger, sale, conveyance or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, consolidation, merger, sale, conveyance or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (Toreador Resources Corp), Warrant Agreement (Toreador Resources Corp)
Reclassification, Reorganization and Consolidation. In case of -------------------------------------------------- any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a9(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share Exercise Price payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 2 contracts
Samples: Customer Agreement (Equinix Inc), Customer Agreement (Equinix Inc)
Reclassification, Reorganization and Consolidation. In Subject to Section 3 above, in case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, then as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share Share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (Morgan Group Holding Co), Warrant Agreement (Morgan Group Holding Co)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a5(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number and type of Shares securities as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (Odyssey Marine Exploration Inc), Warrant Agreement (Odyssey Marine Exploration Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Warrant Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (Globe Photos, Inc.), Warrant Agreement (Globe Photos, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock (including because of a change of control) of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder Holder of this Warrant shall have the right at any time prior to before the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder Holder of this Warrant immediately prior to before such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder Holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (Vitalibis, Inc.), Business Alliance Agreement (Vitalibis, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case case, appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (Nuvelo Inc), Warrant Agreement (Nuvelo Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, merger, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) 3.1 above), then, as a condition of such reclassification, reorganizationmerger, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganizationmerger, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Warrant Stock by the holder of this Warrant Holder immediately prior to such reclassification, reorganizationmerger, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Purchase Price per share Warrant Share payable hereunder, provided the aggregate purchase price Purchase Price shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (Mersana Therapeutics, Inc.), Warrant Agreement (Mersana Therapeutics, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock Covered Securities of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price Exercise Price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Covered Securities as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof of this Warrant shall thereafter be applicable after such reclassification, reorganization, or change with respect to any shares of stock or other securities and property deliverable upon exercise hereofof this Warrant, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided Exercise Price such that the aggregate purchase price Exercise Price payable for the total number of Shares purchasable under this Warrant (as adjusted) shall remain the same.
Appears in 2 contracts
Samples: Securities Purchase Agreement (GlassHouse Technologies Inc), Securities Purchase Agreement (GlassHouse Technologies Inc)
Reclassification, Reorganization and Consolidation. In case of -------------------------------------------------- any reclassification, capital reorganization, or change in the Common Preferred Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Preferred Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (Getthere Com), Warrant Agreement (Getthere Com)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, hereof and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (Jive Software, Inc.), Warrant Agreement (Jive Software, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Exercise Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Exercise Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (Anebulo Pharmaceuticals, Inc.), Warrant Agreement (Anebulo Pharmaceuticals, Inc.)
Reclassification, Reorganization and Consolidation. In case of -------------------------------------------------- any reclassification, capital reorganization, or change in the Common Preferred Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, . as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warrant, so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Preferred Stock as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (DSL Net Inc), Warrant Agreement (DSL Net Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, merger, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganizationmerger, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganizationmerger, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Warrant Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganizationmerger, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Warrant Exercise Price per share Warrant Share payable hereunder, provided the aggregate purchase price Warrant Exercise Price shall remain the same.
Appears in 2 contracts
Samples: Secured Subordinated Convertible Promissory Note and Warrant Purchase Agreement (Salient Surgical Technologies, Inc.), Warrant Agreement (BioTrove, Inc.)
Reclassification, Reorganization and Consolidation. In case the event of any corporate reclassification, capital reorganization, consolidation, spin-off or change in the Common Stock Shares of the Company (Company, other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above7(a), then, as a condition of such reclassification, reorganization, or changeevent, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered delivered, to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and and/or other securities and property receivable in connection with such reclassification, reorganization, or change event by a holder of holding the same number of Shares as were purchasable by the holder of shares for which this Warrant could have been exercised immediately prior to such reclassification, reorganization, or changeevent. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunderExercise Price, provided provided, however, that the aggregate purchase exercise price payable hereunder for the total number of Shares purchasable under this Warrant (as adjusted) shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (Home Solutions of America Inc), Warrant Agreement (Home Solutions of America Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a9(b) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Exchange Agreement (Viewcast Com Inc), Warrant Agreement (Viewcast Com Inc)
Reclassification, Reorganization and Consolidation. In case -------------------------------------------------- of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a10(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 1 contract
Samples: Warrant Agreement (Ginsburg Scott K)
Reclassification, Reorganization and Consolidation. In case of -------------------------------------------------- any reclassification, capital reorganization, or change in the Common Preferred Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warrant, so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Preferred Stock as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 1 contract
Samples: Convertible Note and Warrant Purchase Agreement (Curon Medical Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a8(a) aboveabove or Section 8(c) below), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 1 contract
Samples: Warrant Agreement (Avalanche Biotechnologies, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock (including because of a change of control) of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder of this Warrant shall have the right at any time prior to before the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to before such reclassification, reorganization, or change. In any such case case, appropriate provisions shall be made with respect to the rights and interest interests of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder; provided, provided that the aggregate purchase price shall remain the same.
Appears in 1 contract
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock Preferred Shares or Ordinary Shares of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this WarrantWarrant (subject to adjustment of the Exercise Price as provided in Section 8), the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of the Preferred Shares or Ordinary Shares as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 1 contract
Reclassification, Reorganization and Consolidation. In case the event of any corporate reclassification, capital reorganization, consolidation, spin- off or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or changeevent, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and and/or other securities and property receivable in connection with such reclassification, reorganization, or change event by a holder of the same number of Shares as were purchasable by the holder of shares for which this Warrant could have been exercised immediately prior to such reclassification, reorganization, or changeevent. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunderExercise Price, provided that the aggregate purchase exercise price payable hereunder for the total number of Shares purchasable under this Warrant (as adjusted) shall remain the same.
Appears in 1 contract
Reclassification, Reorganization and Consolidation. In case of any -------------------------------------------------- reclassification, capital reorganization, or change in the [Common Stock / Series __ Preferred Stock] of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warrant, so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of [Common Stock / Series __ Preferred Stock] as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 1 contract
Samples: Loan Agreement (Kyphon Inc)
Reclassification, Reorganization and Consolidation. In case of -------------------------------------------------- any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a9(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share Exercise Price payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 1 contract
Samples: Master Agreement (Equinix Inc)
Reclassification, Reorganization and Consolidation. In Subject to Section 3, above, in the case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above8(a)), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantExecutive, so that the holder of this Warrant Executive shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Shares by the holder of this Warrant Executive immediately prior to such reclassification, reorganization, reorganization or change. In any such case case, appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Executive so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 1 contract
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Series A-3 Preferred Stock by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share of Series A-3 Preferred Stock payable hereunder, ; provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 1 contract
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Preferred Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a10(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Preferred Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same. Notwithstanding the foregoing, in the event that the outstanding shares of Preferred Stock of this Company are converted into Common Stock upon the initial public offering of the Company, this Warrant shall become exercisable, subject to the terms and conditions of this Warrant, for shares of Common Stock.
Appears in 1 contract
Samples: Warrant Agreement (Getthere Com)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a10(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Common Stock by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 1 contract
Samples: Warrant Agreement (Greenidge Generation Holdings Inc.)
Reclassification, Reorganization and Consolidation. In case of -------------------------------------------------- any reclassification, capital reorganization, reorganization or change in the Class B Common Stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a2(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warrant, so that the holder of this Warrant shall have the right at any time right, commencing upon the times set forth in Section 3, and prior to the expiration of this Warrant Warrant, to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number of Shares shares of Class B Common Stock as were purchasable by the holder of subject to this Warrant immediately prior to such reclassification, reorganization, reorganization or change. In any such such, case appropriate provisions shall be made with respect to the rights and interest interests of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 1 contract
Samples: Stock and Warrant Purchase Agreement (Comps Com Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a7(a) aboveabove or Section 7(c) below), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 1 contract
Samples: Warrant Agreement (Avalanche Biotechnologies, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock Ordinary Shares of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Unit Warrant to purchase, at a total price equal to that payable upon the exercise of this WarrantUnit Warrant (subject to adjustment of the Exercise Price as provided in Section 8), the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Ordinary Shares as were purchasable by the holder of Holder exercising this Unit Warrant and the underlying Share Warrants immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Unit payable hereunder, provided that the aggregate purchase price Exercise Price shall remain the same.
Appears in 1 contract
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share of Company Stock payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 1 contract
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(aSections 7(a) and (b) above), then, as a condition of such reclassification, reorganizationconversion, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder Holder of this Warrant, so that the holder of this Warrant such Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder Holder of this Warrant immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder Holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 1 contract
Samples: Warrant Agreement (Compressco Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock shares of the Company any class of equity securities that may be acquired upon exercise of this Warrant (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) above6), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warrant, so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of securities as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Stated Purchase Price per share payable hereunderof Warrant Stock, provided the aggregate purchase price Stated Purchase Price shall remain the same.
Appears in 1 contract
Samples: Warrant Agreement (Phreesia, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), ) then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. Such reclassification, reorganization and consolidation may include without limitation a transfer of Company's assets to an affiliate company to be formed under the laws of Switzerland or similar entity. In any such case case, appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 1 contract
Samples: Warrant Agreement (Micrus Corp)
Reclassification, Reorganization and Consolidation. In case ------------------------------------------------- of any reclassification, capital reorganization, or change in the Common Series B Preferred Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warrant, so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case case, appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 1 contract
Samples: Warrant Agreement (Getthere Com)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company Additional Securities or Series B Preferred Stock, as applicable, (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warrant, so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number of Shares shares of the Additional Securities or Series B Preferred Stock, as applicable, as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, reorganization or change. In any such case case, appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 1 contract
Samples: Warrant Agreement (Informatica Corp)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. Such a change shall include any automatic conversion of the outstanding or issuable securities of the Company of the same class or series as the Shares to Common Stock pursuant to the terms of the Company’s Certificate of Incorporation (the “Certificate”). In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 1 contract
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided but the aggregate purchase price Exercise Price payable for the total number of Shares purchasable under this Warrant (as adjusted) shall remain the same.
Appears in 1 contract
Samples: Warrant Award & Strategic Relationship Agreement (Samba TV, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock common shares of the relevant Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a4.9(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant the relevant option to purchase, at a total price equal to that payable upon the exercise of this Warrantthe relevant option, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder Holder of the same number of Shares shares of common stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case c ase appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase relevant exercise price shall remain the same.
Appears in 1 contract
Samples: Exclusive Licensing Agreement (Prohealth Medical Technologies Inc)
Reclassification, Reorganization and Consolidation. In -------------------------------------------------- case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, then as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warrant, so that the holder of this Warrant shall have the right at any time after October 12, 1999 and prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 1 contract
Samples: Warrant Agreement (DSL Net Inc)
Reclassification, Reorganization and Consolidation. In -------------------------------------------------- case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 1 contract
Samples: Warrant Agreement (Getthere Com)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock any of the Company securities to which purchase rights under this Warrant exist ("Securities") (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warrant, so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Securities as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (HyperSpace Communications, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock (including because of a change of control) of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder Holder of this Warrant shall have the right at any time prior to before the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder Holder of the same number of Shares as were purchasable by the holder Holder of this Warrant immediately prior to before such reclassification, reorganization, or change. In any such case case, appropriate provisions shall be made with respect to the rights and interest of the holder Holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 1 contract
Samples: Warrant Agreement (Kraig Biocraft Laboratories, Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), above then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. Such reclassification, reorganization and consolidation may include without limitation a transfer of Company's assets to an affiliate company to be formed under the laws of Switzerland or similar entity. In any such case case, appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 1 contract
Samples: Warrant Agreement (Micrus Corp)
Reclassification, Reorganization and Consolidation. In With respect to any series of Preferred Stock issuable hereunder, in case of any reclassification, capital reorganization, or change in the Common such Preferred Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) 4.1 above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior right, subject to the expiration termination provisions of this Warrant Section 2.1 hereto and the election of the Majority Holders, to purchase, at a total price equal to that remaining payable upon the full exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of such Preferred Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case case, appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.,
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Nanosphere Inc)
