Stock Dividends, Subdivisions and Combinations. In case at any time or from time to time after the date hereof and before the Expiration Date the Company shall: (i) pay to all holders of outstanding Common Shares a dividend payable in, or make any other distribution on any class of its capital stock in, Common Shares (other than a dividend or distribution upon a merger or consolidation or sale to which Section 5.1(g) applies); (ii) subdivide its outstanding Common Shares into a larger number of Common Shares (other than a subdivision upon a merger or consolidation or sale to which Section 5.1(g) applies); or (iii) combine its outstanding Common Shares into a smaller number of Common Shares (other than a combination upon a merger or consolidation or sale to which Section 5.1(g) applies); then, (x) in the case of any such dividend or distribution, effective immediately after the opening of business on the day after the date for the determination of the holders of Common Shares entitled to receive such dividend or distribution or (y) in the case of any subdivision or combination, effective immediately after the opening of business on the day after the date upon which such subdivision or combination becomes effective, the number of Warrant Shares into which each Warrant is exercisable shall be adjusted to that number of Warrant Shares determined by (A) in the case of any such dividend or distribution, multiplying the number of Warrant Shares into which each Warrant is exercisable at the opening of business on the day after the date for determination by a fraction (not to be less than one), (1) the numerator of which shall be equal to the sum of the number of Common Shares outstanding at the close of business on such date for determination and the total number of shares constituting such dividend or distribution and (2) the denominator of which shall be equal to the number of Common Shares outstanding at the close of business on such date for determination, or (B) in the case of any such combination, by proportionately reducing, or, in the case of any such subdivision, by proportionately increasing, the number of Warrant Shares into which each Warrant is exercisable at the opening of business on the day after the date upon which such subdivision or combination becomes effective.
Appears in 3 contracts
Samples: Warrant Agreement (Forcenergy Inc), Warrant Agreement (Forcenergy Inc), Warrant Agreement (Forcenergy Inc)
Stock Dividends, Subdivisions and Combinations. In case at any time or from time to time after the date hereof and before the Expiration Effective Date the Company shall:
(i) pay to all the holders of outstanding its Common Shares a dividend payable in, or make any other distribution on any class of its capital stock in, Common Shares (other than a dividend or distribution upon a merger or consolidation or sale to which Section 5.1(g6.1(h) applies);
(ii) subdivide its outstanding Common Shares into a larger number of Common Shares (other than a subdivision upon a merger or consolidation or sale to which Section 5.1(g6.1(h) applies); or
(iii) combine its outstanding Common Shares into a smaller number of Common Shares (other than a combination upon a merger or consolidation or sale to which Section 5.1(g6.1(h) applies); then, (x) in the case of any such dividend or distribution, effective immediately after the opening of business on the day after the date for the determination of the holders of Common Shares entitled to receive such dividend or distribution or (y) in the case of any subdivision or combination, effective immediately after the opening of business on the day after the date day upon which such subdivision or combination becomes effective, the number of Warrant Shares into which each Warrant is exercisable shall be adjusted to that number of Warrant Shares determined by (A) in the case of any such dividend or distribution, multiplying the number of Warrant Shares into which each Warrant is exercisable at the opening of business on the day after the date day for determination by a fraction (not to be less than one), (1) the numerator of which shall be equal to the sum of the number of Common Shares outstanding at the close of business on such date for determination and the total number of shares constituting such dividend or distribution and (2) the denominator of which shall be equal to the number of Common Shares outstanding at the close of business on such date for determination, or (B) in the case of any such combination, by proportionately reducing, or, in the case of any such subdivision, by proportionately increasing, the number of Warrant Shares into which each Warrant is exercisable at the opening of business on the day after the date day upon which such subdivision or combination becomes effective.
Appears in 3 contracts
Samples: Warrant Agreement (Gothic Energy Corp), Warrant Agreement (Gothic Energy Corp), Warrant Agreement (Chesapeake Energy Corp)
Stock Dividends, Subdivisions and Combinations. In case at any time or from time to time after the date hereof and before of the Expiration Date Original Warrant Agreement the Company shall:
(i) pay to all the holders of outstanding its Common Shares Stock a dividend payable in, or make any other distribution on any class of its capital stock in, Common Shares Stock (other than a dividend or distribution upon a merger or consolidation or sale to which Section 5.1(g6.1(g) applies);
(ii) subdivide its outstanding Common Shares Stock into a larger number of shares of Common Shares Stock (other than a subdivision upon a merger or consolidation or sale to which Section 5.1(g6.1(g) applies); or
(iii) combine its outstanding Common Shares Stock into a smaller number of shares of Common Shares Stock (other than a combination upon a merger or consolidation or sale to which Section 5.1(g6.1(g) applies); then, (x) in the case of any such dividend or distribution, effective immediately after the opening of business on the day after the date for the determination of the holders of Common Shares Stock entitled to receive such dividend or distribution or (y) in the case of any subdivision or combination, effective immediately after at the opening close of business on the day after the date upon which that such subdivision or combination becomes effective, the number of Warrant Shares into for which each Warrant is exercisable shall be adjusted to that number of Warrant Shares determined by (A) in the case of any such dividend or distribution, multiplying the number of Warrant Shares into for which each Warrant is exercisable at the opening of business on the day after the date day for determination by a fraction (not to be less than one), (1) the numerator of which shall be equal to the sum of the number of shares of Common Shares Stock outstanding at the close of business on such date for determination and the total number of shares constituting such dividend or distribution and (2) the denominator of which shall be equal to the number of shares of Common Shares Stock outstanding at the close of business on such date for determination, or (B) in the case of any such combination, by proportionately reducing, or, in the case of any such subdivision, by proportionately increasing, the number of Warrant Shares into for which each Warrant is exercisable at immediately prior to the opening of business on the day after the date upon which time such subdivision or combination becomes effective.
Appears in 3 contracts
Samples: Warrant Agreement, Warrant Agreement (Danaos Corp), Warrant Agreement (Danaos Corp)
Stock Dividends, Subdivisions and Combinations. In case at any time or from time to time after the date hereof and before the Expiration Date the Company shall:
(i) pay to all the holders of outstanding its Common Shares a dividend payable in, or make any other distribution on any class of its capital stock in, Common Shares (other than a dividend or distribution upon a merger or consolidation or sale to which Section 5.1(g5.1(h) applies);
(ii) subdivide its outstanding Common Shares into a larger number of Common Shares (other than a subdivision upon a merger or consolidation or sale to which Section 5.1(g5.1(h) applies); or
(iii) combine its outstanding Common Shares into a smaller number of Common Shares (other than a combination upon a merger or consolidation or sale to which Section 5.1(g5.1(h) applies); then, (x) in the case of any such dividend or distribution, effective immediately after the opening of business on the day after the date for the determination of the holders of Common Shares entitled to receive such dividend or distribution or (y) in the case of any subdivision or combination, effective immediately after the opening of business on the day after the date day upon which such subdivision or combination becomes effective, the number of Warrant Shares into which each Warrant is exercisable shall be adjusted to that number of Warrant Shares determined by (A) in the case of any such dividend or distribution, multiplying the number of Warrant Shares into which each Warrant is exercisable at the opening of business on the day after the date day for determination by a fraction (not to be less than one), (1) the numerator of which shall be equal to the sum of the number of Common Shares outstanding at the close of business on such date for determination and the total number of shares constituting such dividend or distribution and (2) the denominator of which shall be equal to the number of Common Shares outstanding at the close of business on such date for determination, or (B) in the case of any such combination, by proportionately reducing, or, in the case of any such subdivision, by proportionately increasing, the number of Warrant Shares into which each Warrant is exercisable at the opening of business on the day after the date day upon which such subdivision or combination becomes effective.
Appears in 3 contracts
Samples: Warrant Agreement (Conrad Industries Inc), Warrant Agreement (Conrad Industries Inc), Merger Agreement (Coda Energy Inc)
Stock Dividends, Subdivisions and Combinations. In case at any time or from time to time after the date hereof and before the Expiration Date of this Warrant Agreement the Company shall:
(i) pay to all the holders of outstanding its Common Shares Stock a dividend payable in, or make any other distribution on any class of its capital stock in, Common Shares Stock (other than a dividend or distribution upon a merger or consolidation or sale to which Section 5.1(g6.1(i) applies);
(ii) subdivide its outstanding Common Shares Stock into a larger number of shares of Common Shares Stock (other than a subdivision upon a merger or consolidation or sale to which Section 5.1(g6.1(i) applies); or
(iii) combine its outstanding Common Shares Stock into a smaller number of shares of Common Shares Stock (other than a combination upon a merger or consolidation or sale to which Section 5.1(g6.1(i) applies); then, (x) in the case of any such dividend or distribution, effective immediately after the opening of business on the day after the date for the determination of the holders of Common Shares Stock entitled to receive such dividend or distribution or (y) in the case of any subdivision or combination, effective immediately after the opening of business on the day after the date day upon which such subdivision or combination becomes effective, the number of Warrant Shares into which each Warrant is exercisable shall be adjusted to that number of Warrant Shares determined by (A) in the case of any such dividend or distribution, multiplying the number of Warrant Shares into which each Warrant is exercisable at the opening of business on the day after the date day for determination by a fraction (not to be less than one), (1) the numerator of which shall be equal to the sum of the number of shares of Common Shares Stock outstanding at the close of business on such date for determination and the total number of shares constituting such dividend or distribution and (2) the denominator of which shall be equal to the number of shares of Common Shares Stock outstanding at the close of business on such date for determination, or (B) in the case of any such combination, by proportionately reducing, or, in the case of any such subdivision, by proportionately increasing, the number of Warrant Shares into which each Warrant is exercisable at the opening of business on the day after the date day upon which such subdivision or combination becomes effective.
Appears in 2 contracts
Samples: Warrant Agreement (Thurman International Ltd.), Warrant Agreement (Paragon Shipping Inc.)
Stock Dividends, Subdivisions and Combinations. In case at any time or from time to time after the date hereof and before the Expiration Effective Date the Company shall:
(i) pay to all the holders of outstanding its Common Shares Stock a dividend payable in, or make any other distribution on any class of its capital stock in, shares of Common Shares Stock (other than a dividend or distribution upon a merger or consolidation or sale to which Section 5.1(g) 5.1.11 applies);
(ii) subdivide its outstanding shares of Common Shares Stock into a larger number of shares of Common Shares Stock (other than a subdivision upon a merger or consolidation or sale to which Section 5.1(g) 5.1.11 applies); or
(iii) combine its outstanding shares of Common Shares Stock into a smaller number of shares of Common Shares Stock (other than a combination upon a merger or consolidation or sale to which Section 5.1(g) 5.1.11 applies); then, (xI) in the case of any such dividend or distribution, effective immediately after the opening of business on the day after the date for the determination of the holders of shares of Common Shares Stock entitled to receive such dividend or distribution distribution, or (yII) in the case of any subdivision or combination, effective immediately after the opening of business on the day after the date day upon which such subdivision or combination becomes effective, the number of Warrant Shares into which each Warrant is exercisable shares of New Common Stock constituting a Stock Unit shall be adjusted to that number of Warrant Shares shares of Common Stock determined by (Ax) in the case of any such dividend or distribution, multiplying the number of Warrant Shares into which each Warrant is exercisable shares of Common Stock constituting a Stock Unit at the opening of business on the day after the date day for determination by a fraction (not to be less than one), (1i) the numerator of which shall be equal to the sum of the number of shares of Common Shares Stock outstanding at the close of business on such date for determination and the total number of shares constituting such dividend or distribution and (2ii) the denominator of which shall be equal to the number of shares of Common Shares Stock outstanding at the close of business on such date for determination, determination or (By) in the case of any such combination, by proportionately reducing, or, in the case of any such subdivision, by proportionately increasing, the number of Warrant Shares into which each Warrant is exercisable shares of New Common Stock constituting a Stock Unit at the opening of business on the day after the date day upon which such subdivision or combination becomes effective.
Appears in 2 contracts
Samples: Warrant Agreement (Rf Monolithics Inc /De/), Warrant Agreement (Rf Monolithics Inc /De/)
Stock Dividends, Subdivisions and Combinations. In case at any time or from time to time after the date hereof and before the Expiration Date of this Warrant Agreement the Company shall:
(i) pay to all the holders of outstanding its Common Shares Stock a dividend payable in, or make any other distribution on any class of its capital stock in, Common Shares Stock (other than a dividend or distribution upon a merger or consolidation or sale to which Section 5.1(g6.1(g) applies);
(ii) subdivide its outstanding Common Shares Stock into a larger number of shares of Common Shares Stock (other than a subdivision upon a merger or consolidation or sale to which Section 5.1(g6.1(g) applies); or
(iii) combine its outstanding Common Shares Stock into a smaller number of shares of Common Shares Stock (other than a combination upon a merger or consolidation or sale to which Section 5.1(g6.1(g) applies); then, (x) in the case of any such dividend or distribution, effective immediately after the opening of business on the day after the date for the determination of the holders of Common Shares Stock entitled to receive such dividend or distribution or (y) in the case of any subdivision or combination, effective immediately after at the opening close of business on the day after the date upon which that such subdivision or combination becomes effective, the number of Warrant Shares into for which each Warrant is exercisable shall be adjusted to that number of Warrant Shares determined by (A) in the case of any such dividend or distribution, multiplying the number of Warrant Shares into for which each Warrant is exercisable at the opening of business on the day after the date day for determination by a fraction (not to be less than one), (1) the numerator of which shall be equal to the sum of the number of shares of Common Shares Stock outstanding at the close of business on such date for determination and the total number of shares constituting such dividend or distribution and (2) the denominator of which shall be equal to the number of shares of Common Shares Stock outstanding at the close of business on such date for determination, or (B) in the case of any such combination, by proportionately reducing, or, in the case of any such subdivision, by proportionately increasing, the number of Warrant Shares into for which each Warrant is exercisable at immediately prior to the opening of business on the day after the date upon which time such subdivision or combination becomes effective.
Appears in 1 contract
Samples: Warrant Agreement (Danaos Corp)
Stock Dividends, Subdivisions and Combinations. In case at any time or from time to time after the date hereof and before the Expiration Date the Company shall:
(i) pay to all holders of outstanding Common Shares a dividend payable in, or make any other distribution on any class of its capital stock in, Common Shares (other than a dividend or distribution upon a merger or consolidation or sale to which Section 5.1(g5.1(h) applies);
(ii) subdivide its outstanding Common Shares into a larger number of Common Shares (other than a subdivision upon a merger or consolidation or sale to which Section 5.1(g5.1(h) applies); or
(iii) combine its outstanding Common Shares into a smaller number of Common Shares (other than a combination upon a merger or consolidation or sale to which Section 5.1(g5.1(h) applies); then, (x) in the case of any such dividend or distribution, effective immediately after the opening of business on the day after the date time for the determination of the holders of Common Shares entitled to receive such dividend or distribution or (y) in the case of any subdivision or combination, effective immediately after the opening time as of business on the day after the date upon which such subdivision or combination becomes effective, the number of Warrant Shares into which each Warrant is exercisable shall be adjusted to that number of Warrant Shares determined by (A) in the case of any such dividend or distribution, multiplying the number of Warrant Shares into which each Warrant is exercisable at immediately prior to the opening of business on the day after the date time for such determination by a fraction (not to be less than one), (1) the numerator of which shall be equal to the sum of the number of Common Shares outstanding at immediately prior to the close of business on time for such date for determination and the total number of shares constituting such dividend or distribution and (2) the denominator of which shall be equal to the number of Common Shares outstanding at immediately prior to the close of business on time for such date for determination, or (B) in the case of any such combination, by proportionately reducing, or, in the case of any such subdivision, by proportionately increasing, the number of Warrant Shares into which each Warrant is exercisable at immediately prior to the opening time as of business on the day after the date which upon which such subdivision or combination becomes effective.
Appears in 1 contract
Samples: Warrant Agreement (Us Concrete Inc)
Stock Dividends, Subdivisions and Combinations. In case If, at any time or from time to time after the date hereof and before the Expiration Date time, the Company shall:
(i) pay to all the holders of outstanding its Common Shares a dividend payable in, or make any other distribution on any class of its capital stock in, Common Shares (other than a dividend or distribution upon a merger or consolidation or sale to which Section 5.1(g6.1(h) applies);
(ii) subdivide its outstanding Common Shares into a larger number of Common Shares (other than a subdivision upon a merger or consolidation or sale to which Section 5.1(g6.1(h) applies); or
(iii) combine its outstanding Common Shares into a smaller number of Common Shares (other than a combination upon a merger or consolidation or sale to which Section 5.1(g6.1(h) applies); then, (x) in the case of any such dividend or distribution, effective immediately after the opening of business on the day after the date for the determination of the holders of Common Shares entitled to receive such dividend or distribution or (y) in the case of any subdivision or combination, effective immediately after the opening of business on the day after the date day upon which such subdivision or combination becomes effective, the number of Warrant Shares into which each Warrant is exercisable shall be adjusted to that number of Warrant Shares determined by (A) in the case of any such dividend or distribution, multiplying the number of Warrant Shares into which each Warrant is exercisable at the opening of business on the day after the date day for determination by a fraction (not to be less than one), (1) the numerator of which shall be equal to the sum of the number of Common Shares outstanding at the close of business on such date for determination and the total number of shares constituting such dividend or distribution and (2) the denominator of which shall be equal to the number of Common Shares outstanding at the close of business on such date for determination, or (B) in the case of any such combination, by proportionately reducing, or, in the case of any such subdivision, by proportionately increasing, the number of Warrant Shares into which each Warrant is exercisable at the opening of business on the day after the date day upon which such subdivision or combination becomes effective.
Appears in 1 contract
Stock Dividends, Subdivisions and Combinations. In case at any time or from time to time after the date hereof and before the Expiration Date of this Warrant Agreement the Company shall:
(i) pay to all the holders of outstanding its Common Shares Stock a dividend payable in, or make any other distribution on any class of its capital stock in, Common Shares Stock (other than a dividend or distribution upon a merger or consolidation or sale to which Section 5.1(g6.1(g) applies);
(ii) subdivide its outstanding Common Shares Stock into a larger number of shares of Common Shares Stock (other than a subdivision upon a merger or consolidation or sale to which Section 5.1(g6.1(g) applies); or
(iii) combine its outstanding Common Shares Stock into a smaller number of shares of Common Shares Stock (other than a combination upon a merger or consolidation or sale to which Section 5.1(g6.1(g) applies); then, (x) in the case of any such dividend or distribution, effective immediately after the opening of business on the day after the date for the determination of the holders of Common Shares Stock entitled to receive such dividend or distribution or (y) in the case of any subdivision or combination, effective immediately after the opening of business on the day after the date day upon which such subdivision or combination becomes effective, the number of Warrant Shares into which each Warrant is exercisable shall be adjusted to that number of Warrant Shares determined by (A) in the case of any such dividend or distribution, multiplying the number of Warrant Shares into which each Warrant is exercisable at the opening of business on the day after the date day for determination by a fraction (not to be less than one), (1) the numerator of which shall be equal to the sum of the number of shares of Common Shares Stock outstanding at the close of business on such date for determination and the total number of shares constituting such dividend or distribution and (2) the denominator of which shall be equal to the number of shares of Common Shares Stock outstanding at the close of business on such date for determination, or (B) in the case of any such combination, by proportionately reducing, or, in the case of any such subdivision, by proportionately increasing, the number of Warrant Shares into which each Warrant is exercisable at the opening of business on the day after the date day upon which such subdivision or combination becomes effective.
Appears in 1 contract
Stock Dividends, Subdivisions and Combinations. In case at any time or from time to time after the date hereof and before the Expiration Date of this Warrant Agreement the Company shall:
(i) pay to all the holders of outstanding its Common Shares Stock a dividend payable in, or make any other distribution on any class of its capital stock in, Common Shares Stock (other than a dividend or distribution upon a merger or consolidation or sale to which Section 5.1(g6.1(i) applies);
(ii) subdivide its outstanding Common Shares Stock into a larger number of shares of Common Shares Stock (other than a subdivision upon a merger or consolidation or sale to which Section 5.1(g6.1(i) applies); or
(iii) combine its outstanding Common Shares Stock into a smaller number of shares of Common Shares Stock (other than a combination upon a merger or o r consolidation or sale to which Section 5.1(g6.1(i) applies); then, (x) in the case of any such dividend or distribution, effective immediately after the opening of business on the day after the date for the determination of the holders of Common Shares Stock entitled to receive such dividend or distribution or (y) in the case of any subdivision or combination, effective immediately after the opening of business on the day after the date day upon which such subdivision or combination becomes effective, the number of Warrant Shares into which each Warrant is exercisable shall be adjusted to that number of Warrant Shares determined by (A) in the case of any such dividend or distribution, multiplying the number of Warrant Shares into which each Warrant is exercisable at the opening of business on the day after the date day for determination by a fraction (not to be less than one), (1) the numerator of which shall be equal to the sum of the number of shares of Common Shares Stock outstanding at the close of business on such date for determination and the total number of shares constituting such dividend or distribution and (2) the denominator of which shall be equal to the number of shares of Common Shares Stock outstanding at the close of business on such date for determination, or (B) in the case of any such combination, by proportionately reducing, or, in the case of any such subdivision, by proportionately increasing, the number of Warrant Shares into which each Warrant is exercisable at the opening of business on the day after the date day upon which such subdivision or combination becomes effective.
Appears in 1 contract
Stock Dividends, Subdivisions and Combinations. In case at any time or from time to time after the date hereof and before the Expiration Effective Date the Company shall:
(i) pay to all the holders of outstanding its Common Shares Stock a dividend payable in, or make any other distribution on any class of its capital stock in, shares of Common Shares Stock (other than a dividend or distribution upon a merger or consolidation or sale to which Section 5.1(gSECTION 5.1(H) applies);
(ii) subdivide its outstanding shares of Common Shares Stock into a larger number of shares of Common Shares Stock (other than a subdivision upon a merger or consolidation or sale to which Section 5.1(gSECTION 5.1(H) applies); or
(iii) combine its outstanding shares of Common Shares Stock into a smaller number of shares of Common Shares Stock (other than a combination upon a merger or consolidation or sale to which Section 5.1(gSECTION 5.1(H) applies); then, (x) in the case of any such dividend or distribution, effective immediately after the opening of business on the day after the date for the determination of the holders of shares of Common Shares Stock entitled to receive such dividend or distribution or (y) in the case of any subdivision or combination, effective immediately after the opening of business on the day after the date day upon which such subdivision or combination becomes effective, the number of Warrant Shares shares of Common Stock into which each Warrant is exercisable shall be adjusted to that number of Warrant Shares shares of Common Stock determined by (A) in the case of any such dividend or distribution, multiplying the number of Warrant Shares shares of Common Stock into which each Warrant is exercisable at the opening of business on the day after the date day for determination by a fraction (not to be less than one), (1) the numerator of which shall be equal to the sum of the number of shares of Common Shares Stock outstanding at the close of business on such date for determination and the total number of shares constituting such dividend or distribution and (2) the denominator of which shall be equal to the number of shares of Common Shares Stock outstanding at the close of business on such date for determination, or (B) in the case of any such combination, by proportionately reducing, or, in the case of any such subdivision, by proportionately increasing, the number of Warrant Shares shares of Common Stock into which each Warrant is exercisable at the opening of business on the day after the date day upon which such subdivision or combination becomes effective.
Appears in 1 contract
Samples: Warrant Agreement (Metals Usa Inc)