Common use of Special Adjustments of Exercise Price Clause in Contracts

Special Adjustments of Exercise Price. Notwithstanding anything to the contrary in Section 2(d) or Section 2(e), this Section 2(f) shall govern adjustments to the Exercise Price for the transactions described in this Section 2(f). i. If the Company at any time after the Issuance Date and prior to the second anniversary of the Issuance Date shall issue any additional shares of Common Stock (otherwise than as provided in subsections (a) through (c) of Section 2; pursuant to any Employee Benefit Plan; pursuant to any Common Stock Equivalent outstanding as of the Issuance Date) or upon the issuance of any such Common Stock, any adjustments shall previously have been made pursuant to Section 2(e) or Section 2(f)(ii); and the New Stock Issue Price (defined below) of such additional shares is less than the Exercise Price then in effect, then the Exercise Price upon each such issuance shall be adjusted to the New Stock Issue Price of such additional shares. The "New Stock Issuance Price" shall be determined by dividing the total amount of consideration received by the Company for such issue or sale by the number of shares of Common Stock issued or sold.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Credit Suisse First Boston/), Warrant Certificate (Brigham Exploration Co), Warrant Certificate (Brigham Exploration Co)

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Special Adjustments of Exercise Price. Notwithstanding anything to the contrary in Section SECTION 2(d) or Section SECTION 2(e), this Section SECTION 2(f) shall govern adjustments to the Exercise Price for the transactions described in this Section SECTION 2(f). i. If the Company at any time after the Issuance Date and prior to the second anniversary of the Issuance Date shall issue any additional shares of Common Stock (otherwise than as provided in subsections (a) through (c) of Section SECTION 2; pursuant to any Employee Benefit Plan; pursuant to any Common Stock Equivalent outstanding as of the Issuance Date) or upon the issuance of any such Common Stock, any adjustments shall previously have been made pursuant to Section 2(e) or Section 2(f)(ii); and the New Stock Issue Price (defined below) of such additional shares is less than the Exercise Price then in effect, then the Exercise Price upon each such issuance shall be adjusted to the New Stock Issue Price of such additional shares. The "New Stock Issuance Price" shall be determined by dividing the total amount of consideration received by the Company for such issue or sale by the number of shares of Common Stock issued or sold.

Appears in 1 contract

Samples: Warrant Certificate (Brigham Exploration Co)

Special Adjustments of Exercise Price. Notwithstanding anything to the contrary in Section 2(d) 11.5 or Section 2(e)11.6, this Section 2(f) 11.7 shall govern adjustments to the Exercise Price for the transactions described in this Section 2(f)11.7. i. (a) If the Company at any time after the Issuance Date date hereof and prior to the second anniversary of the Issuance Date date hereof shall issue any additional shares of Common Stock (otherwise than as provided in subsections (a) through (c) of Section 2Sections 11.1, 11.2, 11.3 and 11.4; pursuant to any Employee Benefit Plan; or pursuant to any Common Stock Equivalent outstanding as of the Issuance Datedate hereof) or upon the issuance of any such Common Stock, any adjustments shall previously have been made pursuant to Section 2(e) 11.6 or Section 2(f)(ii11.7(b); and the New Stock Issue Price (defined below) of such additional shares is less than the Exercise Price then in effect, then the Exercise Price upon each such issuance shall be adjusted to the New Stock Issue Price of such additional shares. The "New Stock Issuance Issue Price" shall be determined by dividing the total amount of consideration received by the Company for such issue or sale by the number of shares of Common Stock issued or sold.

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Crown Resources Corp)

Special Adjustments of Exercise Price. Notwithstanding anything to the contrary in Section 2(d) or Section 2(e), this Section 2(f) shall govern adjustments to the Exercise Price for the transactions described in this Section 2(f). i. If the Company at any time after the Issuance Date and prior to the second anniversary of the Issuance Date shall issue any additional shares of Common Stock (otherwise than as provided in subsections (a) through (c) of Section 2; pursuant to any Employee Benefit Plan; pursuant to any Common Stock Equivalent outstanding as of the Issuance Date) or upon the issuance of any such Common Stock, any adjustments shall previously have been made pursuant to Section 2(e) or Section 2(f)(ii); and the New Stock Issue Price (defined below) of such additional shares is less than the Exercise Price then in effect, then the Exercise Price upon each such issuance shall be adjusted to the New Stock Issue Price of such additional shares. The "New Stock Issuance Price" shall be determined by dividing the total amount of consideration received by the Company for such issue or sale by the number of shares of Common Stock issued or sold.issuance

Appears in 1 contract

Samples: Securities Purchase Agreement (Credit Suisse First Boston/)

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Special Adjustments of Exercise Price. Notwithstanding anything to the contrary in Section 2(dSECTION 2(D) or Section 2(eSECTION 2(E), this Section 2(fSECTION 2(F) shall govern adjustments to the Exercise Price for the transactions described in this Section 2(fSECTION 2(F). i. If the Company at any time after the Issuance Date and prior to the second anniversary of the Issuance Date shall issue any additional shares of Common Stock (otherwise than as provided in subsections (a) through (c) of Section SECTION 2; pursuant to any Employee Benefit Plan; pursuant to any Common Stock Equivalent outstanding as of the Issuance Date) or upon the issuance of any such Common Stock, any adjustments shall previously have been made pursuant to Section 2(e) or Section 2(f)(ii); and the New Stock Issue Price (defined below) of such additional shares is less than the Exercise Price then in effect, then the Exercise Price upon each such issuance shall be adjusted to the New Stock Issue Price of such additional shares. The "New Stock Issuance Price" shall be determined by dividing the total amount of consideration received by the Company for such issue or sale by the number of shares of Common Stock issued or sold.

Appears in 1 contract

Samples: Warrant Certificate (Brigham Exploration Co)

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