Common use of Repurchase of Other Stock Clause in Contracts

Repurchase of Other Stock. In case at any time or from time to ------------------------- time, the Corporation shall (except as hereinafter provided) repurchase any Other Stock (the "Repurchased Stock"), then upon the consummation of such repurchase the Warrant Price then in effect shall be decreased to an amount determined by multiplying the Warrant Price in effect immediately prior to such adjustment by a fraction, (x) the numerator of which is the price paid per share of the Repurchased Stock, and (y) the denominator of which is the Current Market Price per share of Common Stock on the date immediately prior to such repurchase (after giving effect to any stock splits, stock dividends or other stock repurchases between the date of such repurchase and the date on which such calculation is made); provided, however, that if the numerator of -------- ------- such fraction is greater than the denominator of such fraction, then no adjustment to the Warrant Price shall be made. No adjustment of the Warrant Price shall be made under this Subsection upon the repurchase of the Repurchased Stock if such repurchase, together with all repurchases during the previous twelve (12) calendar months, is a repurchase of less than the sum of (1) 5% of the issued and outstanding Other Stock determined as of the date of such repurchase, plus (2) repurchases of stock options and Other Stock ---- underlying such stock options in a transaction or series of transactions during such twelve (12) month period not exceeding $50,000 in the aggregate.

Appears in 2 contracts

Samples: Warrant Agreement (Quiznos Corp), Warrant Agreement (Quiznos Corp)

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Repurchase of Other Stock. In case at any time or from time to ------------------------- time, the Corporation shall (except as hereinafter provided) repurchase any Other Stock (the "Repurchased Stock"), then upon the consummation of such repurchase the Warrant Conversion Price then in effect shall be decreased to an amount determined by multiplying the Warrant Conversion Price in effect immediately prior to such adjustment by a fraction, (x) the numerator of which is the price paid Current Market Price (as defined below) per share of Common Stock as determined on the Repurchased Stockdate on which such repurchase is made, and (y) the denominator of which is the Current Market Price per share of Common Stock on the date immediately prior to such repurchase (after giving effect to any stock splits, stock dividends or other stock repurchases between the date of such repurchase and the date on which such calculation is made); provided, however, that if the numerator of -------- ------- such fraction is greater than the denominator of such fraction, then no adjustment to the Warrant Conversion Price shall be made. No adjustment of the Warrant Conversion Price shall be made under this Subsection upon the repurchase of the Repurchased Stock if such repurchase, together with all repurchases during the previous twelve (12) calendar months, is a repurchase of less than the sum of (1) 5% of the issued and outstanding Other Stock determined as of the date of such repurchase, plus (2) repurchases of stock options and Other Stock ---- underlying such stock options in a transaction or series of transactions during such twelve (12) month period not exceeding $50,000 in the aggregate.

Appears in 1 contract

Samples: Convertible Subordinated Promissory Note (Retail & Restaurant Growth Capital L P)

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Repurchase of Other Stock. In case at any time or from time ------------------------- to ------------------------- time, the Corporation shall (except as hereinafter provided) repurchase any Other Stock (the "Repurchased Stock"), then upon the consummation of such repurchase the Warrant Conversion Price then in effect shall be decreased to an amount determined by multiplying the Warrant Conversion Price in effect immediately prior to such adjustment by a fraction, (x) the numerator of which is the price paid Current Market Price (as defined below) per share of Common Stock as determined on the Repurchased Stockdate on which such repurchase is made, and (y) the denominator of which is the Current Market Price per share of Common Stock on the date immediately prior to such repurchase (after giving effect to any stock splits, stock dividends or other stock repurchases between the date of such repurchase and the date on which such calculation is made); provided, however, that if the numerator of -------- ------- such fraction is greater than the denominator of such fraction, then no adjustment to the Warrant Conversion Price shall be made. No adjustment of the Warrant Conversion Price shall be made under this Subsection upon the repurchase of the Repurchased Stock if such repurchase, together with all repurchases during the previous twelve (12) calendar months, is a repurchase of less than the sum of (1) 5% of the issued and outstanding Other Stock determined as of the date of such repurchase, plus (2) repurchases of stock options and Other Stock ---- underlying such stock options in a transaction or series of transactions during such twelve (12) month period not exceeding $50,000 in the aggregate.

Appears in 1 contract

Samples: Convertible Subordinated Promissory Note (Retail & Restaurant Growth Capital L P)

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