Stock Dividends and Stock Splits. If the Borrower, at any time while this Note is outstanding: (i) pays a stock dividend or otherwise makes a distribution or distributions payable in shares of Common Stock on shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, (iii) combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares or (iv) issues, in the event of a reclassification of shares of the Common Stock, any shares of capital stock of the Borrower, then the Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock (excluding any treasury shares of the Borrower) outstanding immediately before such event, and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to this Section shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification.
Appears in 2 contracts
Samples: Note Amendment Agreement, Note Amendment Agreement (Authentidate Holding Corp)
Stock Dividends and Stock Splits. If the BorrowerCompany, at any time while this Note Debenture is outstanding: (i) pays a stock dividend or otherwise makes a distribution or distributions payable in shares of Common Stock Shares on shares of the Common StockShares or any Common Share Equivalents, (ii) subdivides the outstanding shares of Common Stock Shares into a larger number of shares, (iii) combines (including by way of a reverse stock split) the outstanding shares of Common Stock Shares into a smaller number of shares or (iv) issues, in the event of a reclassification of shares of the Common StockShares, any shares of capital stock of the BorrowerCompany, then the Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock Shares (excluding any treasury shares of the BorrowerCompany) outstanding immediately before such event, and of which the denominator shall be the number of shares of Common Stock Shares outstanding immediately after such event. Any adjustment made pursuant to this Section shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification.
Appears in 2 contracts
Samples: Convertible Security Agreement (Tanzanian Royalty Exploration Corp), Securities Purchase Agreement (Tanzanian Royalty Exploration Corp)
Stock Dividends and Stock Splits. If the BorrowerCompany, at any time while this Impact Note is outstanding: (i) pays a stock dividend or otherwise makes a distribution or distributions payable in shares of Common Stock on shares of Common StockStock or any Common Stock Equivalents (which, for avoidance of doubt, shall not include any shares of Common Stock issued by the Company upon conversion of the Impact Notes), (ii) subdivides outstanding shares of Common Stock into a larger number of shares, (iii) combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares or (iv) issues, in the event of a reclassification of shares of the Common Stock, any shares of capital stock of the Borrowershares, then the Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock (excluding any treasury shares of the BorrowerCompany) outstanding immediately before such event, and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to this Section shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification.
Appears in 2 contracts
Samples: Impact Note Purchase Agreement, Impact Note Purchase Agreement
Stock Dividends and Stock Splits. If the BorrowerCorporation, at any time while this Note Preferred Stock is outstanding: (i) pays a stock dividend or otherwise makes a distribution or distributions payable in shares of Common Stock on shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, (iii) combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares shares, or (iv) issues, in the event of a reclassification of shares of the Common Stock, any shares of capital stock of the BorrowerCorporation, then the Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock (excluding any treasury shares of the BorrowerCorporation) outstanding immediately before such event, and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to this Section 8(a) shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Blue Water Biotech, Inc.), Asset Purchase Agreement (Veru Inc.)
Stock Dividends and Stock Splits. If the BorrowerCompany, at any time while this Note is outstanding: (i) pays a stock dividend or otherwise makes a distribution or distributions payable in shares of Common Stock on shares of Common StockStock or any Common Stock Equivalents, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, (iii) combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares or (iv) issues, in the event of a reclassification of shares of the Common Stock, any shares of capital stock of the BorrowerCompany, then the Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock (excluding any treasury shares of the BorrowerCompany) outstanding immediately before such event, and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to this Section shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification.
Appears in 1 contract
Stock Dividends and Stock Splits. If the BorrowerCompany, at any time while this Note is outstanding: (i) pays a stock dividend or otherwise makes a distribution or distributions payable in shares of Common Stock on shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, (iii) combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares or (iv) issues, in the event of a reclassification of shares of the Common Stock, any shares of capital stock of the BorrowerCompany, then the Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock (excluding any treasury shares of the BorrowerCompany) outstanding immediately before such event, and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to this Section 3(e) shall become effective immediately after the record date for the determination of stockholders stockholder entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification.
Appears in 1 contract
Samples: Convertible Security Agreement (Intercloud Systems, Inc.)
Stock Dividends and Stock Splits. If the Borrower, at any time while this Note is outstanding: (i) pays a stock dividend or otherwise makes a distribution or distributions payable in shares of Common Stock on outstanding shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, (iii) combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares shares, or (iv) issues, in the event of a reclassification of shares of the Common Stock, any shares of capital stock of the Borrower, then the Conversion Price shall be multiplied by a fraction fraction, the numerator of which the numerator shall be the number of shares of Common Stock (excluding any treasury shares of the Borrower) outstanding immediately before such event, and the denominator of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. event Any adjustment made pursuant to this Section shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination combination, or re-classification.
Appears in 1 contract
Samples: Debt Purchase Agreement (KSIX Media Holdings, Inc.)
Stock Dividends and Stock Splits. If the BorrowerCompany, at any time while this Note is any of the Warrants are outstanding: , (ia) pays a stock dividend or otherwise makes a distribution or distributions with respect to any class of capital stock that is payable in shares of Common Stock on shares of Common Stock, ; (iib) subdivides outstanding shares of Common Stock into a larger number of shares, ; or (iiic) combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares or (iv) issues, in the event of a reclassification of shares of the Common Stock, any shares of capital stock of the Borrowershares, then the Conversion Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock (excluding any treasury shares of the BorrowerCompany) outstanding immediately before such event, event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such eventevent (excluding any treasury shares of the Company). Any adjustment made pursuant to this Section 4.1 shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination subdivision or re-classificationcombination.
Appears in 1 contract
Samples: Warrant Agency Agreement (Provectus Biopharmaceuticals, Inc.)
Stock Dividends and Stock Splits. If the BorrowerCorporation, at any time while this Note any Preferred Stock is outstanding: (i) pays a stock dividend or otherwise makes a distribution or distributions payable in shares of Common Stock on shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, shares or (iii) combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares or (iv) issues, in the event of a reclassification of shares of the Common Stock, any shares of capital stock of the Borrowershares, then the Conversion Price shall be adjusted to equal an amount equal to such Conversion Price immediately before such adjustment multiplied by a fraction of which the numerator shall be the number of shares of Common Stock (excluding any treasury shares of the Borrower) outstanding immediately before giving effect to such event, and of which the denominator shall be the number of shares of Common Stock outstanding immediately after giving effect to such event. Any adjustment made pursuant to this Section 7(a) shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivisionsubdivision or combination, combination or re-classificationas applicable.
Appears in 1 contract
Samples: Securities Purchase Agreement (Arrowhead Research Corp)
Stock Dividends and Stock Splits. If the BorrowerCorporation, at any time while this Note is any shares of Class X Preferred Stock are outstanding: (i) pays a stock dividend or otherwise makes a distribution or distributions payable in shares of Common Stock on with respect to the then outstanding shares of Common Stock, ; (ii) subdivides outstanding shares of Common Stock into a larger number of shares, ; or (iii) combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares or (iv) issues, in the event of a reclassification of shares of the Common Stock, any shares of capital stock of the Borrowershares, then the Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock (excluding any treasury shares of the BorrowerCorporation) outstanding immediately before such event, event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such eventevent (excluding any treasury shares of the Corporation). Any adjustment made pursuant to this Section 7(a) shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination subdivision or re-classificationcombination.
Appears in 1 contract
Stock Dividends and Stock Splits. If the BorrowerCompany, at any time while this Note is outstanding: (i) pays a stock dividend or otherwise makes a distribution or distributions payable in shares of Common Stock on shares of Common StockStock or any Common Stock Equivalents (which, for avoidance of doubt, shall not include any shares of Common Stock issued by the Company upon conversion of the Notes), (ii) subdivides outstanding shares of Common Stock into a larger number of shares, (iii) combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares or (iv) issues, in the event of a reclassification of shares of the Common Stock, any shares of capital stock of the Borrowershares, then the Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock (excluding any treasury shares of the BorrowerCompany) outstanding immediately before such event, and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to this Section shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification.
Appears in 1 contract
Samples: Securities Purchase Agreement (American Resources Corp)
Stock Dividends and Stock Splits. If the BorrowerCorporation, at any time while this Note is any shares of Series B Preferred Stock are outstanding: (i) pays a stock dividend or otherwise makes a distribution or distributions payable in shares of Common Stock on with respect to the then outstanding shares of Common Stock, ; (ii) subdivides outstanding shares of Common Stock into a larger number of shares, ; or (iii) combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares or (iv) issues, in the event of a reclassification of shares of the Common Stock, any shares of capital stock of the Borrowershares, then the Series B Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock (excluding any treasury shares of the BorrowerCorporation) outstanding immediately before such event, event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such eventevent (excluding any treasury shares of the Corporation). Any adjustment made pursuant to this Section 7(a) shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination subdivision or re-classificationcombination.
Appears in 1 contract
Samples: Securities Purchase and Exchange Agreement (Interpace Biosciences, Inc.)
Stock Dividends and Stock Splits. If the BorrowerCorporation, at any time while this Note Preferred Stock is outstanding: (i) pays a stock dividend or otherwise makes a distribution or distributions payable in shares of Common Stock on shares of Common StockStock , (ii) subdivides outstanding shares of Common Stock into a larger number of shares, (iii) combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares shares, or (iv) issues, in the event of a reclassification of shares of the Common Stock, any shares of capital stock of the BorrowerCorporation, then the Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock (excluding any treasury shares of the BorrowerCorporation) outstanding immediately before such event, and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to this Section 7(a) shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification.
Appears in 1 contract
Samples: Stock Purchase Agreement (Staffing 360 Solutions, Inc.)
Stock Dividends and Stock Splits. If the BorrowerCorporation, at any time while this Note is any shares of Class A Preferred Stock are outstanding: (i) pays a stock dividend or otherwise makes a distribution or distributions payable in shares of Common Stock on with respect to the then outstanding shares of Common Stock, ; (ii) subdivides outstanding shares of Common Stock into a larger number of shares, ; or (iii) combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares or (iv) issues, in the event of a reclassification of shares of the Common Stock, any shares of capital stock of the Borrowershares, then the Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock (excluding any treasury shares of the BorrowerCorporation) outstanding immediately before such event, event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such eventevent (excluding any treasury shares of the Corporation). Any adjustment made pursuant to this Section 7(a) shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination subdivision or re-classificationcombination.
Appears in 1 contract
Samples: Securities Purchase Agreement (Fate Therapeutics Inc)
Stock Dividends and Stock Splits. If the BorrowerCompany, at any time while this Note Debenture is outstanding: (i) pays a stock dividend or otherwise makes a distribution or distributions payable in shares of Common Stock on shares of Common StockStock or any Common Stock Equivalents, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, (iii) combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares or (iv) issues, in the event of a reclassification of shares of the Common Stock, any shares of capital stock of the BorrowerCompany, then the Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock (excluding any treasury shares of the BorrowerCompany) outstanding immediately before such event, and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to this Section shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification.
Appears in 1 contract
Samples: Convertible Security Agreement (Targeted Medical Pharma, Inc.)
Stock Dividends and Stock Splits. If the BorrowerCompany, at any time while this Note is outstanding: (i) pays a stock dividend or otherwise makes a distribution or distributions payable in shares of Common Stock on shares of Common StockStock or any Common Stock Equivalents, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, (iii) combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares or (iv) issues, in the event of a reclassification of shares of the Common Stock, any shares of capital stock of the BorrowerCompany, then the Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock (excluding any treasury shares of the Borrower) outstanding immediately before such event, and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to this Section shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification.
Appears in 1 contract
Stock Dividends and Stock Splits. If the BorrowerCompany, at any time while this Note is outstanding: (i) pays a stock dividend or otherwise makes a distribution or distributions payable in shares of Common Stock on shares to all holders of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, (iii) combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares or (iv) issues, in the event of a reclassification of shares of the Common Stock, any shares of capital stock of the BorrowerCompany, then the Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock (excluding any treasury shares of the BorrowerCompany ) outstanding immediately before such event, event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to this Section shall become effective immediately after the record date for the determination of holders of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification.
Appears in 1 contract
Samples: Convertible Security Agreement (Awaysis Capital, Inc.)
Stock Dividends and Stock Splits. If the BorrowerCorporation, at any time while this Note is any shares of Series X Preferred Stock are outstanding: (i) pays a stock dividend or otherwise makes a distribution or distributions payable in shares of Common Stock on with respect to the then outstanding shares of Common Stock, ; (ii) subdivides outstanding shares of Common Stock into a larger number of shares, ; or (iii) combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares or (iv) issues, in the event of a reclassification of shares of the Common Stock, any shares of capital stock of the Borrowershares, then the Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock (excluding any treasury shares of the BorrowerCorporation) outstanding immediately before such event, event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such eventevent (excluding any treasury shares of the Corporation). Any adjustment made pursuant to this Section 7(a) shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination subdivision or re-classificationcombination.
Appears in 1 contract
Samples: Securities Purchase Agreement (Alpine Immune Sciences, Inc.)
Stock Dividends and Stock Splits. If the BorrowerCompany, at any time while this Note is outstanding: (i) pays a stock dividend or otherwise makes a distribution or distributions payable in shares of Common Preferred Stock on shares of Common Preferred Stock, (ii) subdivides outstanding shares of Common Preferred Stock into a larger number of shares, (iii) combines (including by way of a reverse stock split) outstanding shares of Common Preferred Stock into a smaller number of shares or (iv) issues, in the event of a reclassification of shares of the Common Preferred Stock, any shares of capital stock of the BorrowerCompany, then the Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Preferred Stock (excluding any treasury shares of the BorrowerCompany) outstanding immediately before such event, event and of which the denominator shall be the number of shares of Common Preferred Stock outstanding immediately after such event. Any adjustment made pursuant to this Section shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classificationre‑classification.
Appears in 1 contract
Samples: Securities Purchase Agreement (BioRestorative Therapies, Inc.)
Stock Dividends and Stock Splits. If the BorrowerCompany, at any time while this Note is the Debentures are outstanding: (iA) pays shall pay a stock dividend or otherwise makes make a distribution or distributions on shares of its Common Stock or any other equity or equity equivalent securities payable in shares of Common Stock on shares of Common Stock, (iiB) subdivides subdivide outstanding shares of Common Stock into a larger number of shares, (iiiC) combines combine (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares shares, or (ivD) issues, in the event of a issue by reclassification of shares of the Common Stock, Stock any shares of capital stock of the BorrowerCompany, then the Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock (excluding any treasury shares of the Borrowershares, if any) outstanding immediately before such event, event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to this Section shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification.
Appears in 1 contract
Samples: Convertible Security Agreement (Almadoro Minerals Corp.)
Stock Dividends and Stock Splits. If the BorrowerCompany, at any time while this Note Debenture is outstanding: (i) pays a stock dividend or otherwise makes a distribution or distributions payable in shares of Common Stock on outstanding shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, (iii) combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares shares, or (iv) issues, in the event of a reclassification of shares of the Common Stock, any shares of capital stock of the BorrowerCompany, then the Conversion Price shall be multiplied by a fraction fraction, the numerator of which the numerator shall be the number of shares of Common Stock (excluding any treasury shares of the BorrowerCompany) outstanding immediately before such event, and the denominator of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to this Section shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination combination, or re-classification.
Appears in 1 contract
Samples: Securities Purchase Agreement (Preferred Restaurant Brands, Inc.)
Stock Dividends and Stock Splits. If the BorrowerCompany, at any time while this Note is outstanding: (i) pays a stock dividend or otherwise makes a distribution or distributions payable in shares of Common Stock on shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, (iii) combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares or (iv) issues, in the event of a reclassification of shares of the Common Stock, any shares of capital stock of the BorrowerCompany, then the Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock (excluding any treasury shares of the BorrowerCompany) outstanding immediately before such event, and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment to the Conversion Price made pursuant to this Section 3(d) shall become effective immediately after the record date for the determination of stockholders stockholder entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification.
Appears in 1 contract
Samples: Convertible Security Agreement (Intercloud Systems, Inc.)
Stock Dividends and Stock Splits. If the BorrowerCompany, at any time while this Note the Option is outstanding: (i) pays a stock dividend or otherwise makes a distribution or distributions payable in shares of Common Stock on shares of the Company’s Common Stock, (ii) subdivides outstanding shares of its Common Stock into a larger number of shares, (iii) combines (including by way of a reverse stock split) outstanding shares of Common Stock into a smaller number of shares or (iv) issues, in the event of a reclassification of shares of the Common Stock, any shares of capital stock of the BorrowerCompany, then the Conversion Price number of Option Shares shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock (excluding any treasury shares of the Borrower) outstanding immediately before after such event, and of which the denominator shall be the number of shares of Common Stock (excluding any treasury shares of the Company) outstanding immediately after before such event. Any adjustment made pursuant to this Section shall become effective immediately after the record date for the determination of stockholders shareholders entitled to receive such dividend or distribution and shall become effective immediately after the effective date in the case of a subdivision, combination or re-classification.
Appears in 1 contract