Similar Actions. In the case the Company, at any time or from time to time, shall take any action affecting its Common Stock similar to or having an effect similar to any of the actions described in Section 5(a) or (b) (but not including any action described in any such subsections) and the Board of Directors in good faith determines that it would be equitable in the circumstances to adjust the number of Warrant Shares and/or the Exercise Price as a result of such action, then, and in each such case, the number of Warrant Shares and/or the Exercise Price shall be adjusted in such manner and at such time as the Board of Directors of the Company in good faith determines would be equitable in the circumstances (such determination to be evidenced in a resolution, a certified copy of which shall be mailed to the Holder).
Appears in 2 contracts
Samples: Canyon Resources Corp, Canyon Resources Corp
Similar Actions. In the case the Company, at any time or from time to time, shall take any action affecting its Common Stock similar to or having an effect similar to any of the actions described in Section 5(a6(a) or (b) (but not including any action described in any such subsections) and the Board of Directors in good faith determines that it would be equitable in the circumstances to adjust the number of Warrant Shares and/or the Exercise Price as a result of such action, then, and in each such case, the number of Warrant Shares and/or the Exercise Price shall be adjusted in such manner and at such time as the Board of Directors of the Company in good faith determines would be equitable in the circumstances (such determination to be evidenced in a resolution, a certified copy of which shall be mailed to the Holder).
Appears in 2 contracts
Samples: Security Agreement (Optimark Technologies Inc), Optimark Technologies Inc
Similar Actions. In the case the Company, at any time or from time to time, shall take any action affecting its Common Stock similar to or having an effect similar to any of the actions described in Section 5(a6(a), (b) or (bd) (but not including any action described in any such subsections) and the Board of Directors in good faith determines that it would be equitable in the circumstances to adjust the number of Warrant Shares and/or the Exercise Price as a result of such action, then, and in each such case, the number of Warrant Shares and/or the Exercise Price shall be adjusted in such manner and at such time as the Board of Directors of the Company in good faith determines would be equitable in the circumstances (such determination to be evidenced in a resolution, a certified copy of which shall be mailed to the Holder).
Appears in 1 contract
Samples: Optimark Technologies Inc