REPORT AS TO ADJUSTMENTS. In each case of any adjustment or readjustment in the shares of Class A Common Stock issuable upon the exercise of this Warrant, the Company at its expense will promptly compute such adjustment or readjustment in accordance with the terms of this Warrant and prepare a report setting forth such adjustment or readjustment and showing in reasonable detail the method of calculation thereof and the facts upon which such adjustment or readjustment is based, including a statement of (a) the number of shares of Class A Common Stock outstanding or deemed to be outstanding, and (b) the Warrant Price in effect immediately prior to such issue or sale and as adjusted and readjusted (if required by Section 4 hereof) on account thereof. The Company will forthwith mail a copy of each such report to each holder of a Warrant and will, upon the written request at any time of any holder of a Warrant, furnish to such holder a like report setting forth the Warrant Price and the Trigger Price at the time in effect and showing in reasonable detail how it was calculated. The Company will also keep copies of all such reports at its office maintained pursuant to Section 13.2(a) hereof and will cause the same to be available for inspection at such office during normal business hours by any holder of a Warrant or any prospective purchaser of a Warrant designated by the holder thereof.
Appears in 5 contracts
Samples: Warrant Agreement (Kenexa Corp), Warrant Agreement (Kenexa Corp), Warrant Agreement (Kenexa Corp)
REPORT AS TO ADJUSTMENTS. In each case of any adjustment or readjustment in the shares of Class A Common Stock (or Other Securities) issuable upon the exercise purchase of shares of Common Stock subject to this WarrantStock Purchase Right, the Company at its expense will promptly compute such adjustment or readjustment in accordance with the terms of this Warrant Stock Purchase Right and prepare a report setting forth such adjustment or readjustment and showing in reasonable detail the method of calculation thereof and the facts upon which such adjustment or readjustment is based, including a statement of (a) the number of shares of Class A Common Stock outstanding or deemed to be outstanding, Actual Purchase Price Per Share and (b) the Warrant Price Specified Amount in effect immediately prior to and after giving effect to such issue adjustment or sale and as adjusted and readjusted (if required by Section 4 hereof) on account thereofreadjustment. The Company will forthwith mail a copy of each such report to each holder of a Warrant Stock Purchase Right and will, upon the written request at any time of any holder of a WarrantStock Purchase Right, furnish to such holder a like report setting forth the Warrant Actual Purchase Price Per Share and the Trigger Price Specified Amount at the time in effect and showing in reasonable detail how it was calculated. The Company will also keep copies of all such reports at its office maintained pursuant to Section 13.2(a10.2(a) hereof and will cause the same to be available for inspection at such office during normal business hours by any holder of a Warrant Stock Purchase Right or any prospective purchaser of a Warrant Stock Purchase Right designated by the holder thereof.
Appears in 3 contracts
Samples: Stock Purchase Right (Aprisma Management Technologies Inc), Stock Purchase Right (Cabletron Systems Inc), Stock Purchase Right (Riverstone Networks Inc)
REPORT AS TO ADJUSTMENTS. In each case of any adjustment or readjustment in the shares of Class A Common Stock issuable upon the exercise of this Warrant, the Company at its expense will promptly compute such adjustment or readjustment in accordance with the terms of this Warrant and prepare a report setting forth such adjustment or readjustment and showing in reasonable detail the method of calculation thereof and the facts upon which such adjustment or readjustment is based, including a statement of (a) the number of shares of Class A Common Stock outstanding or deemed to be outstanding, and (b) the Warrant Price in effect immediately prior to such issue or sale and as adjusted and readjusted (if required by Section 4 2 hereof) on account thereof. The Company will forthwith mail a copy of each such report to each holder of a Warrant and will, upon the written request at any time of any holder of a Warrant, furnish to such holder a like report setting forth the Warrant Price and the Trigger Price at the time in effect and showing in reasonable detail how it was calculated. The Company will also keep copies of all such reports at its office maintained pursuant to Section 13.2(a10.2(a) hereof and will cause the same to be available for inspection at such office during normal business hours by any holder of a Warrant or any prospective purchaser of a Warrant designated by the holder thereof.
Appears in 3 contracts
Samples: Warrant Agreement (Kenexa Corp), Warrant Agreement (Kenexa Corp), Class B Common Stock and Warrant Purchase Agreement (Talentpoint Inc)
REPORT AS TO ADJUSTMENTS. In each case of any adjustment or readjustment in the shares of Class A Common Stock issuable upon the exercise of (and the Warrant Price under) this Warrant, the Company at its expense will promptly compute such adjustment or readjustment in accordance with the terms of this Warrant and prepare a report setting forth such adjustment or readjustment and showing in reasonable detail the method of calculation thereof and the facts upon which such adjustment or readjustment is based, including a statement of (a) the number of shares of Class A Common Stock outstanding or deemed to be outstanding, and (b) the Warrant Price in effect immediately prior to such issue or sale and as adjusted and readjusted (if required by Section 4 3 hereof) on account thereof. The Company will forthwith mail a copy of each such report to each holder Holder of a Warrant and will, upon the written request at any time of any holder Holder of a Warrant, furnish to such holder Holder a like report setting forth the Warrant Price and the Trigger Price at the time in effect and showing in reasonable detail how it was calculated. The Company will also keep copies of all such reports at its office maintained pursuant to Section 13.2(a11.2(a) hereof and will cause the same to be available for inspection at such office during normal business hours by any holder Holder of a Warrant or any prospective purchaser of a Warrant designated by the holder Holder thereof.
Appears in 3 contracts
Samples: Warrant Agreement (Kenexa Corp), Warrant Agreement (Kenexa Corp), Class B Common Stock and Warrant Purchase Agreement (Talentpoint Inc)
REPORT AS TO ADJUSTMENTS. In each case of any adjustment or readjustment in the shares of Class A Common Stock issuable upon the exercise of (and the Warrant Price under) this Warrant, the Company at its expense will promptly compute such adjustment or readjustment in accordance with the terms of this Warrant and prepare a report setting forth such adjustment or readjustment and showing in reasonable detail the method of calculation thereof and the facts upon which such adjustment or readjustment is based, including a statement of (a) the number of shares of Class A Common Stock outstanding or deemed to be outstanding, and (b) the Warrant Price in effect immediately prior to such issue or sale and as adjusted and readjusted (if required by Section 4 3 hereof) on account thereof. The Company will forthwith mail a copy of each such report to each holder Holder of a Warrant and will, upon the written request at any time of any holder Holder of a Warrant, furnish to such holder Holder a like report setting forth the Warrant Price and the Trigger Price at the time in effect and showing in reasonable detail how it was calculated. The Company will also keep copies of all such reports at its office maintained pursuant to Section 13.2(a11.2(a) hereof and will cause the same to be available for inspection at such office during normal business hours by any holder Holder of a Warrant or any prospective purchaser of a Warrant designated by the holder Holder thereof.
Appears in 3 contracts
Samples: Warrant Agreement (Kenexa Corp), Warrant Agreement (Kenexa Corp), Class B Common Stock and Warrant Purchase Agreement (Talentpoint Inc)
REPORT AS TO ADJUSTMENTS. In each case of any adjustment or readjustment in the shares of Class A Common Stock Warrant Units issuable upon the exercise of this WarrantWarrant (or issuable in connection with the conversion of the Warrant Units), the Company at its sole expense will promptly compute such adjustment or readjustment in accordance with the terms of this Warrant and cause its Chief Financial Officer to verify such computation (other than any computation of the Fair Market Value, which shall be determined in accordance with the definition thereof) and, in connection with the preparation of the Company’s periodic financial statements, prepare a report setting forth such adjustment or readjustment and showing in reasonable detail the method of calculation thereof and the facts upon which such adjustment or readjustment is based, including a statement of (a) the number of shares of Class A Common Stock outstanding or deemed to be outstanding, and (b) the Warrant Price in effect immediately prior to such issue or sale and as adjusted and or readjusted (if required by Section 4 hereof) on account thereof. The Company will forthwith mail a copy of each such report to each holder of a Warrant Holder and will, upon the written request at any time of any holder of a Warrantsuch Holder, furnish to such holder Holder a like report setting forth the number of units issuable upon exercise of this Warrant Price and the Trigger Price at the time in effect and showing in reasonable detail how it was calculated. The Company will also keep copies of all such reports at its office maintained pursuant to Section 13.2(a) hereof Chief Executive Office and will cause the same to be available for inspection at such office during normal business hours by any holder of a Warrant Holder or any prospective purchaser of a this Warrant designated by the holder thereofHolder. If, upon review of such computation and report, the Requisite Holders raise an objection to the adjustment as so calculated, the Company shall cause such computation and report to be prepared and distributed by independent certified public accountants of recognized national standing (which may be the regular auditors of the Company).
Appears in 2 contracts
Samples: Warrant Agreement (Kadmon Holdings, LLC), Warrant Agreement (Kadmon Holdings, LLC)
REPORT AS TO ADJUSTMENTS. In each case of any adjustment or ------------------------ readjustment in the shares of Class A Common Stock (or Other Securities) issuable upon the exercise or conversion of this any Warrant, the Company at its expense will promptly compute such adjustment or readjustment in accordance with the terms of this Warrant the Warrants and prepare a report setting forth such adjustment or readjustment and showing in reasonable detail the method of calculation thereof and the facts upon which such adjustment or readjustment is based, including a statement of (a) the number of shares of Class A Common Stock outstanding or deemed to be outstanding, outstanding and (b) the Warrant Price and Dilution Price in effect immediately prior to such issue issuance or sale and as adjusted and readjusted (if required by Section 4 hereof2) on account thereof. The Company will forthwith mail (and in any event not later than 20 days following the occurrence of the event requiring such adjustment) furnish a copy of each such report to each holder of a Warrant Warrant, and will, upon the written request at any time of any holder of a Warrant, furnish to such holder a like report setting forth the Warrant Price and the Trigger Dilution Price at the time in effect and showing in reasonable detail how it was calculated. The Company also will also keep copies of all such reports at its principal office and at the office or agency required to be maintained by it pursuant to Section 13.2(a) hereof 7.2(a), and will cause the same to be available for inspection at each such office during normal business hours by any holder of a Warrant or any prospective purchaser of a Warrant designated by the holder thereofWarrant.
Appears in 1 contract
Samples: Class a Common Stock Warrant (Americasdoctor Com Inc)
REPORT AS TO ADJUSTMENTS. In each case of any adjustment or readjustment in the Warrant Price and/or in the shares of Class A Common Stock issuable upon the exercise of this Warrant, the Company at its expense will promptly compute such adjustment or readjustment in accordance with the terms of this Warrant and prepare a report setting forth such adjustment or readjustment and showing in reasonable detail the method of calculation thereof and the facts upon which such adjustment or readjustment is based, including a statement of (a) the consideration received or to be received by the Company for any Additional Shares of Common Stock issued or sold or deemed to have been issued, (b) the number of shares of Class A Common Stock outstanding or deemed to be outstanding, and (bc) the Warrant Price in effect immediately prior to such issue or sale and as adjusted and readjusted (if required by Section 4 2 hereof) on account thereof. The Company will forthwith mail a copy of each such report to each the holder of a this Warrant and will, upon the written request at any time of any holder of a this Warrant, furnish to such holder a like report setting forth the Warrant Price and the Trigger Price at the time in effect and showing in reasonable detail how it was calculated. The Company will also keep copies of all such reports at its office maintained pursuant to Section 13.2(a9.2(a) hereof and will cause the same to be available for inspection at such office during normal business hours by any holder of a this Warrant or any prospective purchaser of a Warrant designated by the holder thereof.
Appears in 1 contract
REPORT AS TO ADJUSTMENTS. In each case of any adjustment or readjustment in the shares of Class A Common Stock (or Other Securities) issuable upon the exercise or conversion of this any Warrant, the Company at its expense will promptly compute such adjustment or readjustment in accordance with the terms of this Warrant and prepare a report setting forth such adjustment or readjustment and showing in reasonable detail the method of calculation thereof and the facts upon which such adjustment or readjustment is based, including a statement of (a) the number of shares of Class A Common Stock outstanding or deemed to be outstanding, and (b) the Warrant Price in effect immediately prior to such issue issuance or sale and as adjusted and readjusted (if required by Section 4 hereof2) on account thereof. The Company will forthwith mail (and in any event not later than 20 days following the occurrence of the event requiring such adjustment) furnish a copy of each such report to each holder of a Warrant Warrant, and will, upon the written request at any time of any holder of a Warrant, furnish to such holder a like report setting forth the Warrant Price and the Trigger Price at the time in effect and showing in reasonable detail how it was calculated. The Company also will also keep copies of all such reports at its principal office and at the office or agency required to be maintained by it pursuant to Section 13.2(a) hereof 7.2(a), and will cause the same to be available for inspection at each such office during normal business hours by any holder of a Warrant or any prospective purchaser of a Warrant designated by the holder thereof.
Appears in 1 contract
REPORT AS TO ADJUSTMENTS. In each case of any adjustment or readjustment in the shares of Class A Common Stock issuable upon the exercise of this Warrant, the Company at its expense will promptly compute such adjustment or readjustment in accordance with the terms of this Warrant and prepare a report setting forth such adjustment or readjustment and showing in reasonable detail the method of calculation thereof and the facts upon which such adjustment or readjustment is based, including a statement of (a) the number of shares of Class A Common Stock outstanding or deemed to be outstanding, and (b) the Warrant Price in effect immediately prior to such issue or sale and as adjusted and readjusted (if required by Section 4 hereof) on account thereof. The Company will forthwith mail a copy of each such report to each holder of a Warrant and will, upon the written request at any time of any holder of a Warrant, furnish to such holder a like report setting forth the Warrant Price and the Trigger Price at the time in effect and showing in reasonable detail how it was calculated. The Company will also keep copies of all such reports at its office maintained pursuant to Section 13.2(a11.2(a) hereof and will cause the same to be available for inspection at such office during normal business hours by any holder of a Warrant or any prospective purchaser of a Warrant designated by the holder thereof.
Appears in 1 contract
Samples: Class B Common Stock and Warrant Purchase Agreement (Talentpoint Inc)