Common use of Reduction in Exercise Price Clause in Contracts

Reduction in Exercise Price. Notwithstanding anything to the contrary in this Section 11, the Company is entitled to make such reductions in the Exercise Price, in addition to those adjustments expressly required by this Section 11, as and to the extent that it, in its sole discretion, determines to be advisable in order that any (i) consolidation or subdivision of the Preferred Shares or Common Shares, (ii) issuance wholly for cash of any Preferred Shares or Common Shares at less than the applicable Current Per Share Market Price, (iii) issuance wholly for cash of Preferred Shares or Common Shares or securities that by their terms are convertible into or exchangeable for Preferred Shares or Common Shares, (iv) stock dividend or (v) issuance of rights, options or warrants referred to in this Section 11 hereafter made by the Company to holders of Preferred Shares or Common Shares is not be taxable to such stockholders.

Appears in 10 contracts

Samples: Preferred Shares Rights Agreement, Preferred Shares Rights Agreement (China Biologic Products, Inc.), Tax Benefit Preservation Plan (Remark Media, Inc.)

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Reduction in Exercise Price. Notwithstanding anything to the contrary in this Section 11, the Company is entitled to make such reductions in the Exercise Price, in addition to those adjustments expressly required by this Section 11, as and to the extent that it, in its sole discretion, determines to be advisable in order that any (i) consolidation or subdivision of the Preferred Shares or Common Shares, (ii) issuance wholly for cash of any Preferred Shares or Common Shares at less than the applicable Current Per Share Market Price, (iii) issuance wholly for cash of Preferred Shares or Common Shares or securities that by their terms are convertible into or exchangeable for Preferred Shares or Common Shares, (iv) stock dividend or (v) issuance of rights, options or warrants referred to in this Section 11 hereafter made by the Company to holders of Preferred Shares or Common Shares is not be taxable to such stockholders.

Appears in 8 contracts

Samples: Tax Benefit Preservation Plan (Aviat Networks, Inc.), Tax Benefit Preservation Plan (Aviat Networks, Inc.), Tax Benefit Preservation Plan (Fluidigm Corp)

Reduction in Exercise Price. Notwithstanding anything to the contrary in this Section 11, the Company is entitled to make such reductions in the Exercise Price, in addition to those adjustments expressly required by this Section 11, as and to the extent that it, in its sole discretion, determines to be advisable in order that any (i) consolidation or subdivision of the Preferred Shares Stock or Common SharesStock, (ii) issuance wholly for cash of any Preferred Shares Stock or Common Shares Stock at less than the applicable Current Per Share Market Price, (iii) issuance wholly for cash of any Preferred Shares Stock or Common Shares Stock or securities that by their terms are convertible into or exchangeable for Preferred Shares Stock or Common SharesStock, (iv) stock dividend or (v) issuance of rights, options or warrants referred to in this Section 11 hereafter made by the Company to holders of shares of Preferred Shares Stock or Common Shares Stock is not be taxable to such stockholders.

Appears in 8 contracts

Samples: Rights Agreement (Vanda Pharmaceuticals Inc.), Preferred Stock Rights Agreement (Cue Health Inc.), Preferred Stock Rights Agreement (HF Foods Group Inc.)

Reduction in Exercise Price. Notwithstanding anything to the contrary in this Section 11, the Company is entitled to make such reductions in the Exercise Price, in addition to those adjustments expressly required by this Section 11, as and to the extent that it, in its sole discretion, determines to be advisable in order that any (i) consolidation or subdivision of the Preferred Shares or Common Shares, (ii) issuance wholly for cash of any Preferred Shares or Common Shares at less than the applicable Current Per Share Market Price, (iii) issuance wholly for cash of Preferred Shares or Common Shares or securities that by their terms are convertible into or exchangeable for Preferred Shares or Common Shares, (iv) stock dividend or (v) issuance of rights, options or warrants referred to in this Section 11 hereafter made by the Company to holders of Preferred Shares or Common Shares is not be taxable to such stockholdersshareholders.

Appears in 5 contracts

Samples: Tax Benefit Preservation Plan (Capstone Therapeutics Corp.), Tax Benefit Preservation Plan (Capstone Therapeutics Corp.), Tax Benefit Preservation Plan (Aetrium Inc)

Reduction in Exercise Price. Notwithstanding anything to the contrary in this Section 11, the Company is entitled to make such reductions in the Exercise Price, in addition to those adjustments expressly required by this Section 11, as and to the extent that it, in its sole discretion, determines to be advisable in order that any (i) consolidation or subdivision of the Preferred Shares or Common Ordinary Shares, (ii) issuance wholly for cash of any Preferred Shares or Common Ordinary Shares at less than the applicable Current Per Share Market Price, (iii) issuance wholly for cash of Preferred Shares or Common Ordinary Shares or securities that by their terms are convertible into or exchangeable for Preferred Shares or Common Ordinary Shares, (iv) stock share dividend or (v) issuance of rights, options or warrants referred to in this Section 11 hereafter made by the Company to holders of Preferred Shares or Common Ordinary Shares is not be taxable to such stockholdersshareholders.

Appears in 2 contracts

Samples: Preferred Shares Rights Agreement, Preferred Shares Rights Agreement (China Biologic Products Holdings, Inc.)

Reduction in Exercise Price. Notwithstanding anything to the contrary in this Section 11, the Company is entitled to make such reductions in the Exercise Price, in addition to those adjustments expressly required by this Section 11, as and to the extent that it, in its sole discretion, determines to be advisable in order that any (i) consolidation or subdivision of the Preferred Shares Stock or Common SharesStock, (ii) issuance wholly for cash of any Preferred Shares Stock or Common Shares Stock at less than the applicable Current Per Share Market Price, (iii) issuance wholly for cash of any Preferred Shares Stock or Common Shares Stock or securities that by their terms are convertible into or exchangeable for Preferred Shares Stock or Common SharesStock, (iv) stock dividend or (v) issuance of rights, options or warrants referred to in this Section 11 hereafter made by the Company to holders of Preferred Shares Stock or Common Shares Stock is not be taxable to such stockholders.

Appears in 2 contracts

Samples: Preferred Stock Rights Agreement (KBS Fashion Group LTD), Preferred Stock Rights Agreement (Woodward, Inc.)

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Reduction in Exercise Price. Notwithstanding anything to the contrary in this Section 11, the Company is entitled to make such reductions in the Exercise Price, in addition to those adjustments expressly required by this Section 11, as and to the extent that it, in its sole discretion, determines to be advisable in order that any (i) consolidation or subdivision of the Preferred Shares or Common Shares, (ii) issuance wholly for cash of any Preferred Shares or Common Shares at less than the applicable Current Per Share Market Price, (iii) issuance wholly for cash of any Preferred Shares or Common Shares or securities that by their terms are convertible into or exchangeable for Preferred Shares or Common Shares, (iv) stock share dividend or (v) issuance of rights, options or warrants referred to in this Section 11 hereafter made by the Company to holders of Preferred Shares or Common Shares is not be taxable to such stockholdersshareholders.

Appears in 2 contracts

Samples: Preferred Shares Rights Agreement (Zymeworks Inc.), Rights Agreement

Reduction in Exercise Price. Notwithstanding anything to the contrary in this Section 11, the Company is entitled to make such reductions in the Exercise Price, in addition to those adjustments expressly required by this Section 11, as and to the extent that it, in its sole discretion, determines to be advisable in order that any (i) consolidation or subdivision of the Preferred Shares Stock or Common SharesStock, (ii) issuance wholly for cash of any Preferred Shares Stock or Common Shares Stock at less than the applicable Current Per Share Market Price, (iii) issuance wholly for cash of any Preferred Shares Stock or Common Shares Stock or securities that by their terms are convertible into or exchangeable for Preferred Shares Stock or Common SharesStock, (iv) stock dividend or (v) issuance of rights, options or warrants referred to in this Section 11 hereafter made by the Company to holders of shares of Preferred Shares Stock or Common Shares Stock is not be taxable to such stockholders.

Appears in 1 contract

Samples: Preferred Stock Rights Agreement

Reduction in Exercise Price. Notwithstanding anything Anything in this Section 11 to the contrary in this Section 11notwithstanding, the Company is shall be entitled to make such reductions in the Exercise Purchase Price, in addition to those adjustments expressly required by this Section 11, as and to the extent that it, it in its sole discretion, determines and absolute discretion shall determine to be advisable in order that any (i) consolidation or subdivision of the Preferred Shares Stock or Common SharesStock, (ii) issuance wholly for cash of any shares of Preferred Shares Stock or Common Shares Stock at less than the applicable Current Per Share Fair Market PriceValue, (iii) issuance wholly for cash of shares of Preferred Shares Stock or Common Shares Stock or securities that which by their terms are convertible into or exchangeable for shares of Preferred Shares Stock, or Common SharesStock, (iv) stock dividend dividends or (v) issuance of rights, options or warrants referred to hereinabove in this Section 11 11, hereafter made by the Company to holders of its Preferred Shares Stock or Common Shares is Stock, shall not be taxable to such stockholders.

Appears in 1 contract

Samples: Tax Benefits Preservation Rights Agreement (Impac Mortgage Holdings Inc)

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