Reclassifications. A reclassification of the Common Stock (other than any such reclassification in connection with a merger or consolidation to which Section 9(e) applies) into shares of any other class of stock shall be deemed: (i) a distribution by the Company to the holders of its Common Stock of such shares of such other class of stock for the purposes and within the meaning of this Section 9; and (ii) if the outstanding shares of Common Stock shall be changed into a larger or smaller number of shares of Common Stock as part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock for the purposes and within the meaning of Section 9(b).
Appears in 18 contracts
Samples: Credit and Security Agreement (Long Island Iced Tea Corp.), Securities Agreement (Marathon Patent Group, Inc.), Securities Agreement (Inventergy Global, Inc.)
Reclassifications. A reclassification of the Common Stock (other than any such reclassification in connection with a merger or consolidation to which Section 9(e9(f) applies) into shares of any other class of stock shall be deemed:
(i) a distribution by the Company to the holders of its Common Stock of such shares of such other class of stock for the purposes and within the meaning of this Section 9; and
(ii) if the outstanding shares of Common Stock shall be changed into a larger or smaller number of shares of Common Stock as part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock for the purposes and within the meaning of Section 9(b).
Appears in 9 contracts
Samples: Warrant Agreement (Serviceware Technologies Inc/ De), Warrant Agreement (Roo Group Inc), Warrant Agreement (Dobi Medical International Inc)
Reclassifications. A reclassification of the Common Stock (other than any such reclassification in connection with a merger or consolidation to which Section 9(e9(f) applies) into shares of any other class of stock shall be deemed:
(i) a distribution by the Company to the holders of its Common Stock of such shares of such other class of stock for the purposes and within the meaning of this Section 9; and
(ii) if the outstanding shares of Common Stock shall be changed into a larger or smaller number of shares of Common Stock as part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock for the purposes and within the meaning of Section 9(b)) hereof.
Appears in 4 contracts
Samples: Warrant Agreement (Cytomedix Inc), Warrant Agreement (Cytomedix Inc), Warrant Agreement (Cytomedix Inc)
Reclassifications. A reclassification of the Common Stock Ordinary Shares (other than any such reclassification in connection with a merger or consolidation to which Section 9(e10(d) applies) into shares of any other class of stock shares shall be deemed:
(i) a distribution by the Company to the holders of its Common Stock Ordinary Shares of such shares of such other class of stock shares for the purposes and within the meaning of this Section 910; and
(ii) if the outstanding shares of Common Stock Ordinary Shares shall be changed into a larger or smaller number of shares of Common Stock Ordinary Shares as part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock Ordinary Shares for the purposes and within the meaning of Section 9(b10(b).
Appears in 3 contracts
Samples: Warrant Agreement (On Track Innovations LTD), Warrant Agreement (On Track Innovations LTD), Warrant Agreement (On Track Innovations LTD)
Reclassifications. A reclassification of the Common Stock (other than any such reclassification in connection with a merger or consolidation to which Section 9(e9(f) applies) into shares of any other class of stock shall be deemed:
(iI) a distribution by the Company to the holders of its Common Stock of such shares of such other class of stock for the purposes and within the meaning of this Section 9; and
(iiII) if the outstanding shares of Common Stock shall be changed into a larger or smaller number of shares of Common Stock as part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock for the purposes and within the meaning of Section 9(b)) hereof.
Appears in 2 contracts
Samples: Warrant Agreement (Aslahan Enterprises Ltd.), Security Agreement (RedRoller Holdings, Inc.)
Reclassifications. A reclassification of the Common Stock (other than any such reclassification in connection with a merger or consolidation transaction to which Section 9(e) applies) into shares of any other class of capital stock shall will be deemed:
(i) a distribution by the Company to the holders of its Common Stock of such shares of such other class of capital stock for the purposes and within the meaning of this Section 9; and
(ii) if the outstanding shares of Common Stock shall are to be changed into a larger or smaller number of shares of Common Stock as part of such reclassification, such change shall will be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock for the purposes and within the meaning of Section 9(b).
Appears in 2 contracts
Samples: Investment Agreement (Gadzooks Inc), Investment Agreement (Gadzooks Inc)
Reclassifications. A reclassification of the Common Stock (other than any such reclassification in connection with a merger or consolidation to which Section 9(e) applies) into shares of any other class of stock shall be deemed:
(i) 9.3.1. a distribution by the Company to the holders of its Common Stock of such shares of such other class of stock for the purposes and within the meaning of this Section 9; and
(ii) 9.3.2. if the outstanding shares of Common Stock shall be changed into a larger or smaller number of shares of Common Stock as part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock for the purposes and within the meaning of Section 9(b).
Appears in 1 contract
Samples: Revenue Sharing and Note Purchase Agreement (Inventergy Global, Inc.)
Reclassifications. A reclassification of the Common Stock (other than any such reclassification in connection with a merger or consolidation to which Section 9(eSECTION 9(F) applies) into shares of any other class of stock shall be deemed:
(iI) a distribution by the Company to the holders of its Common Stock of such shares of such other class of stock for the purposes and within the meaning of this Section SECTION 9; and
(iiII) if the outstanding shares of Common Stock shall be changed into a larger or smaller number of shares of Common Stock as part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock for the purposes and within the meaning of Section 9(bSECTION 9(B).
Appears in 1 contract
Samples: Warrant Agreement (Roo Group Inc)
Reclassifications. A reclassification of the Common Stock Shares (other than any such reclassification in connection with a merger or consolidation to which Section 9(e) applies) into shares of any other class of stock shares shall be deemed:
(i) a distribution by the Company to the holders of its Common Stock Shares of such shares of such other class of stock shares for the purposes and within the meaning of this Section 9; and
(ii) (ii) if the outstanding shares of Common Stock Shares shall be changed into a larger or smaller number of shares of Common Stock Shares as part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock Shares for the purposes and within the meaning of Section 9(b).
Appears in 1 contract
Samples: Warrant Agreement (Consumer Portfolio Services Inc)
Reclassifications. A reclassification of the Common Stock (other than any such reclassification in connection with a merger or consolidation to which Section 9(e10(e) applies) into shares of any other class of stock shall be deemed:
(i) a distribution by the Company to the holders of its Common Stock of such shares of such other class of stock for the purposes and within the meaning of this Section 910; and
(ii) if the outstanding shares of Common Stock shall be changed into a larger or smaller number of shares of Common Stock as part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock for the purposes and within the meaning of Section 9(b10(b).
Appears in 1 contract
Samples: Warrant Agreement (Biopure Corp)
Reclassifications. A reclassification of the Common Stock (other than any such reclassification in connection with a merger or consolidation to which Section 9(e) applies) into shares of any other class of stock shall be deemed:
(i) : a distribution by the Company to the holders of its Common Stock of such shares of such other class of stock for the purposes and within the meaning of this Section 9; and
(ii) and if the outstanding shares of Common Stock shall be changed into a larger or smaller number of shares of Common Stock as part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock for the purposes and within the meaning of Section 9(b).
Appears in 1 contract
Samples: Convertible Redeemable Preferred Share and Warrant Purchase Agreement (Lotus Pharmaceuticals, Inc.)
Reclassifications. A reclassification of the Common Stock (other than any such reclassification in connection with a merger or consolidation to which Section 9(e9(f) applies) into shares of any other class of stock shall be deemed:
(i) a distribution by the Company to the holders of its Common Stock of such shares of such other class of stock for the purposes and within the meaning of this Section 9; and
(ii) if the outstanding shares of Common Stock shall be changed into a [FORM OF WARRANT] larger or smaller number of shares of Common Stock as part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock for the purposes and within the meaning of Section 9(b).
Appears in 1 contract
Reclassifications. A reclassification of the Common Stock (other than any such reclassification in connection with a merger or consolidation to which Section SECTION 9(e) applies) into shares of any other class of stock shall be deemed:
(i) a distribution by the Company to the holders of its Common Stock of such shares of such other class of stock for the purposes and within the meaning of this Section SECTION 9; and
(ii) if the outstanding shares of Common Stock shall be changed into a larger or smaller number of shares of Common Stock as part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock for the purposes and within the meaning of Section SECTION 9(b).
Appears in 1 contract
Samples: Warrant Agreement (Biopure Corp)
Reclassifications. A reclassification of the Common Stock Ordinary Shares (other than any such reclassification in connection with a merger or consolidation to which Section 9(e9(f) applies) into shares of any other class of stock shares shall be deemed:
(i) a distribution by the Company to the holders of its Common Stock Ordinary Shares of such shares of such other class of stock shares for the purposes and within the meaning of this Section 9; and
(ii) if the outstanding shares of Common Stock Ordinary Shares shall be changed into a larger or smaller number of shares of Common Stock Ordinary Shares as part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock Ordinary Shares for the purposes and within the meaning of Section 9(b).
Appears in 1 contract
Reclassifications. A reclassification of the Common Stock (other than any such reclassification in connection with a merger or consolidation to which Section 9(e9(g) applies) into shares of any other class of stock shall be deemed:
(i) a distribution by the Company to the holders of its Common Stock of such shares of such other class of stock for the purposes and within the meaning of this Section 9; and
(ii) if the outstanding shares of Common Stock shall be changed into a larger or smaller number of shares of Common Stock as part of such reclassification, such change shall be deemed a subdivision or combination, as the case may be, of the outstanding shares of Common Stock for the purposes and within the meaning of Section 9(b).
Appears in 1 contract
Samples: Warrant Agreement (Roo Group Inc)