Rights Distributions. Rights or warrants issued by the Company to all holders of Common Stock entitling the holders thereof to subscribe for or purchase capital stock of the Company, which rights or warrants (1) are deemed to be transferred with such shares of Common Stock, (2) are not exercisable and (3) are also issued in respect of future issuances of Common Stock, including shares of Common Stock issued upon exercise of the warrants, in each case in clauses (1) through (3) until the occurrence of a specified event, shall for purposes of subparagraphs (b)(ii) and (b)(iii) not be deemed issued until the occurrence of the earliest such specified event.
Appears in 9 contracts
Samples: Warrant Agreement (Akorn Inc), Warrant Agreement (Akorn Inc), Warrant Agreement (Kapoor John N)
Rights Distributions. Rights or warrants issued by the Company Corporation to all holders of Common Stock entitling the holders thereof to subscribe for or purchase capital stock of the CompanyCorporation, which rights or warrants (1) are deemed to be transferred with such shares of Common Stock, (2) are not exercisable and (3) are also issued in respect of future issuances of Common Stock, including shares of Common Stock issued upon exercise conversion of the warrantsshares of Series B Preferred Stock, in each case in clauses (1) through (3) until the occurrence of a specified event, shall for purposes of subparagraphs (b)(ii) and (b)(iii) not be deemed issued until the occurrence of the earliest such specified event.
Appears in 1 contract
Samples: Subscription Agreement (Akorn Inc)