Stock Dividends and Other Distributions. If Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock payable in Common Stock, then the Warrant Price shall be adjusted, from and after the date of determination of shareholders entitled to receive such dividend or distribution, to that price determined by multiplying the Warrant Price in effect immediately prior to such date of determination by a fraction (A) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (B) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution; or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in Sections 7(a) and 7(b)), then, in each such case, provision shall be made by Company such that Holder shall receive upon exercise of this Warrant a proportionate share of any such dividend or distribution as though it were Holder of the Warrant Shares as of the record date fixed for the determination of the shareholders of Company entitled to receive such dividend or distribution.
Appears in 31 contracts
Samples: Loan Agreement, Warrant Agreement (AMEDICA Corp), Loan and Security Agreement (Cas Medical Systems Inc)
Stock Dividends and Other Distributions. If the Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to its Common Stock payable in Common Stock, then the Warrant Price shall be adjusted, from and after the date of determination of shareholders stockholders entitled to receive such dividend or distribution, to that price determined by multiplying the Warrant Price in effect immediately prior to such date of determination by a fraction (A) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (B) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution; or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in Sections 7(a4(a) and 7(b4(b)), then, in each such case, provision shall be made by the Company such that Holder the holder of this Warrant shall receive upon exercise of this Warrant a proportionate share of any such dividend or distribution as though it were Holder the holder of the Warrant Shares as of the record date fixed for the determination of the shareholders of the Company entitled to receive such dividend or distribution.
Appears in 10 contracts
Samples: Warrant Agreement (Ecology Coatings, Inc.), Warrant Agreement (Ecology Coatings, Inc.), Warrant Agreement (Ecology Coatings, Inc.)
Stock Dividends and Other Distributions. If the Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock payable in Common Stock, then the Warrant Price shall be adjusted, from and after the date of determination of shareholders entitled to receive such dividend or distribution, to that price determined by multiplying the Warrant Price in effect immediately prior to such date of determination by a fraction (A) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (B) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution; or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in Sections 7(a4(a) and 7(b4(b)), then, in each such case, provision shall be made by the Company such that Holder the Holders of this Warrant shall receive upon exercise of this Warrant a proportionate share of any such dividend or distribution as though it were Holder the holder of the Warrant Shares Common Stock as of the record date fixed for the determination of the shareholders of the Company entitled to receive such dividend or distribution.
Appears in 8 contracts
Samples: Warrant Agreement (Kennedy Wilson Inc), Note Purchase Agreement (Kennedy Wilson Inc), Note Purchase Agreement (Kennedy Wilson Inc)
Stock Dividends and Other Distributions. If the Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock payable in Common Stock, then the Warrant Exercise Price shall be adjusted, from and after the date of determination of shareholders entitled to receive such dividend or distribution, to that price determined by multiplying the Warrant Exercise Price in effect immediately prior to such date of determination by a fraction (A) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (B) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution; or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in Sections 7(a5(a) and 7(b5(b)), then, in each such case, provision shall be made by the Company such that the Holder shall receive upon exercise of this Warrant a proportionate share of any such dividend or distribution as though it were Holder the holder of the Warrant Shares Common Stock as of the record date fixed for the determination of the shareholders of the Company entitled to receive such dividend or distribution.
Appears in 7 contracts
Samples: Loan and Security Agreement (Mavenir Systems Inc), Loan and Security Agreement (Mavenir Systems Inc), Warrant Agreement (Mavenir Systems Inc)
Stock Dividends and Other Distributions. If the Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to its Common Stock payable in Common Stock, then the Warrant Price shall be adjusted, from and after the date of determination of shareholders stockholders entitled to receive such dividend or distribution, to that price determined by multiplying the Warrant Price in effect immediately prior to such date of determination by a fraction (A) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (B) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution; or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in Sections 7(a4(a) and 7(b4(b)), then, in each such case, provision shall be made by the Company such that Holder the holder of this Warrant shall receive upon exercise of this Warrant a proportionate share of any such dividend or distribution as though it were Holder the holder of the Warrant Shares as of the record date fixed for the determination of the shareholders stockholders of the Company entitled to receive such dividend or distribution.
Appears in 7 contracts
Samples: Warrant Agreement (Argos Therapeutics Inc), Warrant Agreement (Argos Therapeutics Inc), Warrant Agreement (Argos Therapeutics Inc)
Stock Dividends and Other Distributions. If the Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock payable in Common Stock, then the Warrant Price shall be adjusted, from and after the date of determination of shareholders entitled to receive such dividend or distribution, to that price determined by multiplying the Warrant Price in effect immediately prior to such date of determination by a fraction (A) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (B) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution; or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in Sections 7(a) and 7(b)), then, in each such case, provision shall be made by the Company such that the Holder of this Warrant shall receive upon exercise of this Warrant a proportionate share of any such dividend or distribution as though it were the Holder of the Warrant Shares Common Stock as of the record date fixed for the determination of the shareholders of the Company entitled to receive such dividend or distribution.
Appears in 6 contracts
Samples: Warrant Agreement (Immunicon Corp), Warrant Agreement (Precision Therapeutics Inc), Warrant Agreement (Cyberkinetics Neurotechnology Systems, Inc.)
Stock Dividends and Other Distributions. If the Company at any time while this Warrant warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock payable in Common Stock, then the Warrant Price shall be adjusted, from and after the date of determination of shareholders entitled to receive such dividend or distribution, to that price determined by multiplying the Warrant Price in effect immediately prior to such date of determination by a fraction (A) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (B) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution; or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in Sections 7(a4(a) and 7(b4(b)), then, in each such case, provision shall be made by the Company such that the Holder of this warrant shall receive upon exercise of this Warrant warrant a proportionate share of any such dividend or distribution as though it were Holder the holder of the Warrant Shares Common Stock as of the record date fixed for the determination of the shareholders of the Company entitled to receive such dividend or distribution.
Appears in 6 contracts
Samples: Merger Agreement (Ats Medical Inc), Common Stock and Warrant Purchase Agreement (Ats Medical Inc), Subordinated Credit Agreement (Ats Medical Inc)
Stock Dividends and Other Distributions. If Company the Corporation at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock payable in Common Stock, then the Warrant Price shall be adjusted, from and after the date of determination of shareholders entitled to receive such dividend or distribution, to that price determined by multiplying the Warrant Price in effect immediately prior to such date of determination by a fraction (A) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (B) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution; or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in Sections 7(a5(a) and 7(b5(b)), then, in each such case, provision shall be made by Company the Corporation such that Holder the holder of this Warrant shall receive upon exercise of this Warrant a proportionate share of any such dividend or distribution as though it were Holder the holder of the Warrant Shares Common Stock as of the record date fixed for the determination of the shareholders of Company the Corporation entitled to receive such dividend or distribution.
Appears in 3 contracts
Samples: Warrant Agreement (Cityzenith Holdings, Inc.), Warrant Agreement (Butler International Inc /Md/), Warrant Agreement (Butler International Inc /Md/)
Stock Dividends and Other Distributions. If the Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock payable in Common Stock, then the Warrant Price shall be adjusted, from and after the date of determination of shareholders entitled to receive such dividend or distribution, to that price determined by multiplying the Warrant Price in effect immediately prior to such date of determination by a fraction (A) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (B) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution; or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in Sections 7(a4(a) and 7(b4(b)), then, in each such case, provision shall be made by the Company such that Holder the holder of this Warrant shall receive upon exercise of this Warrant a proportionate share of any such dividend or distribution as though it were Holder the holder of the Warrant Shares Common Stock as of the record date fixed for the determination of the shareholders of the Company entitled to receive such dividend or distribution.
Appears in 2 contracts
Samples: Warrant Agreement (Solyndra, Inc.), Warrant Agreement (JLM Industries Inc)
Stock Dividends and Other Distributions. If the Company at any time while this Warrant warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock payable in Common Stock, then the Warrant Price shall be adjusted, from and after the date of determination of shareholders stockholders entitled to receive such dividend or distribution, to that price determined by multiplying the Warrant Price in effect immediately prior to such date of determination by a fraction (A) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (B) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution; or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in Sections 7(a4(a) and 7(b4(b)), then, in each such case, provision shall be made by the Company such that Holder the holder of this warrant shall receive upon exercise of this Warrant warrant a proportionate share of any such dividend or distribution as though it were Holder the holder of the Warrant Shares Common Stock as of the record date fixed for the determination of the shareholders stockholders of the Company entitled to receive such dividend or distribution.
Appears in 2 contracts
Samples: Warrant Agreement (Sunesis Pharmaceuticals Inc), Warrant Agreement (Sunesis Pharmaceuticals Inc)
Stock Dividends and Other Distributions. If Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock payable in Common Stock, then the Warrant Price shall be adjusted, from and after the date of determination of shareholders stockholders entitled to receive such dividend or distribution, to that price determined by multiplying the Warrant Price in effect immediately prior to such date of determination by a fraction (A) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (B) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution; or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in Sections 7(a) and 7(b)), then, in each such case, provision shall be made by Company such that Holder shall receive upon exercise of this Warrant a proportionate share of any such dividend or distribution as though it were Holder of the Warrant Shares as of the record date fixed for the determination of the shareholders of Company entitled to receive such dividend or distribution.
Appears in 2 contracts
Samples: Warrant Agreement (Peplin Inc), Warrant Agreement (Peplin Inc)
Stock Dividends and Other Distributions. If Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock payable in Common Stock, then the Warrant Price shall be adjusted, from and after the date of determination of shareholders entitled to receive such dividend or distribution, to that price determined by multiplying the Warrant Price in effect immediately prior to such date of determination by a fraction (A) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (B) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution; or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in Sections 7(a6(a) and 7(b6(b)), then, in each such case, provision shall be made by Company such that Holder shall receive upon exercise of this Warrant a proportionate share of any such dividend or distribution as though it were Holder of the Warrant Shares as of the record date fixed for the determination of the shareholders of Company entitled to receive such dividend or distribution.
Appears in 2 contracts
Samples: Warrant Agreement (AMEDICA Corp), Warrant Agreement (Endocyte Inc)
Stock Dividends and Other Distributions. If the Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock payable in Common Stock, then the Warrant Exercise Price shall be adjusted, from and after the date of determination of shareholders entitled to receive such dividend or distribution, to that price determined by multiplying the Warrant Exercise Price in effect immediately prior to such date of determination by a fraction (A) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (B) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution; or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in Sections 7(a5(a) and 7(b5(b)), then, in each such case, provision shall be made by the Company such that the Holder shall receive upon exercise of this Warrant a proportionate share of any such dividend or distribution as though it were Holder the holder of the Warrant Shares Common Stock as of the record date fixed for the determination of the shareholders of the Company entitled to receive such dividend or distribution.
Appears in 2 contracts
Samples: Warrant Agreement (Zipcar Inc), Warrant Agreement (Zipcar Inc)
Stock Dividends and Other Distributions. If Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock payable in Common Stock, then the Warrant Price shall be adjusted, from and after the date of determination of shareholders entitled to receive such dividend or distribution, to that price determined by multiplying the Warrant Price in effect immediately prior to such date of determination by a fraction (A) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (B) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution; or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in Sections 7(a) and 7(b)), then, in each such case, provision shall be made by Company such that Holder shall receive upon exercise of this Warrant a proportionate share of any such dividend or distribution as though it were Holder of the Warrant Shares as of the record date fixed for the determination of the shareholders of Company entitled to receive such dividend or distribution.. -7- (d)
Appears in 1 contract
Samples: Warrant Agreement
Stock Dividends and Other Distributions. If the Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock Shares payable in Common StockShares, then the Warrant Price shall be adjusted, from and after the date of determination of shareholders stockholders entitled to receive such dividend or distribution, to that price determined by multiplying the Warrant Price in effect immediately prior to such date of determination by a fraction (A) the numerator of which shall be the total number of shares of Common Stock Shares outstanding immediately prior to such dividend or distribution, and (B) the denominator of which shall be the total number of shares of Common Stock Shares outstanding immediately after such dividend or distribution; or (ii) make any other distribution with respect to Common Stock Shares (except any distribution specifically provided for in Sections 7(a4(a) and 7(b4(b)), then, in each such case, provision shall be made by the Company such that Holder the holder of this Warrant shall receive upon exercise of this Warrant a proportionate share of any such dividend or distribution as though it were Holder the holder of the Warrant Shares as of the record date fixed for the determination of the shareholders stockholders of the Company entitled to receive such dividend or distribution.
Appears in 1 contract
Stock Dividends and Other Distributions. If Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock payable in Common Stock, then the Warrant Price shall be adjusted, from and after the date of determination of shareholders stockholders entitled to receive such dividend or distribution, to that price determined by multiplying the Warrant Price in effect immediately prior to such date of determination by a fraction (A) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (B) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution; or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in Sections 7(a) and 7(b)), then, in each such case, provision shall be made by Company such that Holder shall receive upon exercise of this Warrant a proportionate share of any such dividend or distribution as though it were Holder of the Warrant Shares as of the record date fixed for the determination of the shareholders stockholders of Company entitled to receive such dividend or distribution.
Appears in 1 contract
Samples: Warrant Agreement (Biodelivery Sciences International Inc)
Stock Dividends and Other Distributions. If the Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock payable in Common Stock, then the Warrant Price shall be adjusted, from and after the date of determination of shareholders entitled to receive such dividend or distribution, to that price determined by multiplying the Warrant Price in effect immediately prior to such date of determination by a fraction (A) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (B) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution; or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in Sections 7(a) and 7(b)), then, in each such case, provision shall be made by the Company such that the Holder of this Warrant shall receive upon exercise of this Warrant a proportionate share of any such such, dividend or distribution as though it were the Holder of the number of Shares then issuable upon exercise of this Warrant Shares as of the record date fixed for the determination of the shareholders of the Company entitled to receive such dividend or distribution.
Appears in 1 contract
Stock Dividends and Other Distributions. If the Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock payable in Common Stock, then the Warrant Price shall be adjusted, from and after the date of determination of shareholders entitled to receive such dividend or distribution, to that price determined by multiplying the Warrant Price in effect immediately prior to such date of determination by a fraction (A) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (B) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution; or (ii) make any other distribution payable in securities of the Company or in cash or other property (other than regular cash dividends paid out of earnings or earned surplus, determined in accordance with GAAP) with respect to Common Stock (except any distribution specifically provided for in Sections 7(a) and 7(b)), then, in each such case, provision shall be made by the Company such that the Holder of this Warrant shall receive upon exercise of this Warrant a proportionate share of any such dividend or distribution as though it were the Holder of the Warrant Shares Common Stock as of the record date fixed for the determination of the shareholders of the Company entitled to receive such dividend or distribution.
Appears in 1 contract
Samples: Warrant Agreement (Transmedics Inc)
Stock Dividends and Other Distributions. If the Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to its Common Stock payable in Common Stock, then the Warrant Price shall be adjusted, from and after the date of determination of shareholders entitled to receive such dividend or distribution, to that price determined by multiplying the Warrant Price in effect immediately prior to such date of determination by a fraction (A) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (B) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution; or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in Sections 7(a5(a) and 7(b5(b)), then, in each such case, provision shall be made by the Company such that Holder the holder of this Warrant shall receive upon exercise of this Warrant a proportionate share of any such dividend or distribution as though it were Holder the holder of the Warrant Shares as of the record date fixed for the determination of the shareholders of the Company entitled to receive such dividend or distribution.
Appears in 1 contract
Stock Dividends and Other Distributions. If the Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock payable in Common Stock, then the Warrant Price shall be adjusted, from and after the date of determination of shareholders entitled to receive such dividend or distribution, to that price determined by multiplying the Warrant Price in effect immediately prior to such date of determination by a fraction (A) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (B) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution; or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in Sections 7(a4(a) and 7(b4(b)), then, in each such case, provision shall be made by the Company such that Holder the holder of this Warrant shall receive upon exercise of this Warrant a proportionate share of any such dividend or distribution as though it were Holder the holder of the Warrant Shares Common Stock (or Common Stock issuable upon conversion thereof) as of the record date fixed for the determination of the shareholders of the Company entitled to receive such dividend or distribution.
Appears in 1 contract
Stock Dividends and Other Distributions. If the Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock payable in Common Stock, then the Warrant Price shall be adjusted, from and after the date of determination of shareholders entitled to receive such dividend or distribution, to that price determined by multiplying the Warrant Price in effect immediately prior to such date of determination by a fraction (A) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (B) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution; or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in Sections 7(a) and 7(b)), then, in each such case, provision shall be made by the Company such that the Holder of this Warrant shall receive upon exercise of this Warrant a proportionate share of any such dividend or distribution as though it were the Holder of the Warrant Shares Common Stock (or Common Stock issuable upon conversion thereof) as of the record date fixed for the determination of the shareholders of the Company entitled to receive such dividend or distribution.
Appears in 1 contract
Stock Dividends and Other Distributions. If the Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock Shares payable in Common StockShares, then the Warrant Price shall be adjusted, from and after the date of determination of shareholders entitled to receive such dividend or distribution, to that price determined by multiplying the Warrant Price in effect immediately prior to such date of determination by a fraction (A) the numerator of which shall be the total number of shares of Common Stock Shares outstanding immediately prior to such dividend or distribution, and (B) the denominator of which shall be the total number of shares of Common Stock Shares outstanding immediately after such dividend or distribution; or (ii) make any other distribution with respect to Common Stock Shares (except any distribution specifically provided for in Sections 7(a4(a) and 7(b4(b)), then, in each such case, provision shall be made by the Company such that Holder the holder of this Warrant shall receive upon exercise of this Warrant a proportionate share of any such dividend or distribution as though it were Holder the holder of the Warrant Shares as of the record date fixed for the determination of the shareholders of the Company entitled to receive such dividend or distribution.
Appears in 1 contract