Stock Splits and Dividends. In the event the Corporation should at any time or from time to time after the Series F Purchase Date fix a record date for the effectuation of a split or subdivision of the outstanding shares of Common Stock or the determination of holders of Common Stock entitled to receive a dividend or other distribution payable in additional shares of Common Stock or securities exercisable or convertible into Common Stock without payment of any consideration by such holder for the additional shares of Common Stock or securities exercisable or convertible into Common Stock (including the additional shares of Common Stock issuable upon exercise or conversion thereof), then, as of such record date (or the date of such dividend distribution, split or subdivision if no record date is fixed), the Conversion Price of the Preferred Stock shall be appropriately decreased so that the number of shares of Conversion Stock issuable on conversion of each share of such series shall be increased in proportion to such increase of the aggregate number of shares of Common Stock outstanding and those shares issuable with respect to such securities exercisable or convertible into Common Stock, with the number of shares issuable with respect to securities exercisable or convertible into Common Stock determined from time to time.
Appears in 2 contracts
Samples: Loan and Security Modification Agreement (Singulex Inc), Loan and Security Modification Agreement (Singulex Inc)
Stock Splits and Dividends. In the event the Corporation should at any time or from time to time after the Series F Purchase Date fix a record date for the effectuation of a split or subdivision of the outstanding shares of Common Stock or the determination of holders of Common Stock entitled to receive a dividend or other distribution payable in additional shares of Common Stock or securities exercisable or convertible into Common Stock Equivalents without payment of any consideration by such holder for the additional shares of Common Stock or securities exercisable or convertible into the Common Stock Equivalents (including the additional shares of Common Stock issuable upon conversion or exercise or conversion thereof), then, as of such record date (or the date of such dividend dividend, distribution, split or subdivision if no record date is fixed), the Conversion Price of each of the Series A, Series B, Series C and Series D Preferred Stock shall be appropriately decreased so that the number of shares of Conversion Common Stock issuable on conversion of each share of such series shall be increased in proportion to such increase of the aggregate number of shares of Common Stock outstanding and those shares issuable with respect to such securities exercisable or convertible into Common Stock, Stock Equivalents with the number of shares issuable with respect to securities exercisable or convertible into Common Stock Equivalents determined from time to timetime in the manner provided for deemed issuances in Section 4(d)(i)(E).
Appears in 2 contracts
Samples: Preferred Stock Warrant Agreement (Zoosk, Inc), Zoosk, Inc
Stock Splits and Dividends. In the event the Corporation should at any time or from time to time after the Series F Purchase Date filing date of this Certificate of Designation fix a record date for the effectuation of a split or subdivision of the outstanding shares of Common Stock or the determination of holders of Common Stock entitled to receive a dividend or other distribution payable in additional shares of Common Stock or securities exercisable or convertible into the Common Stock Equivalents without payment of any consideration by such holder for the additional shares of Common Stock or securities exercisable or convertible into the Common Stock Equivalents (including the additional shares of Common Stock issuable upon conversion or exercise or conversion thereof), then, as of such record date (or the date of such dividend distribution, split or subdivision if no record date is fixed), the Conversion Price of the Preferred Stock shall be appropriately decreased so that the number of shares of Conversion Common Stock issuable on conversion of each share of such series Series D Preferred Stock shall be increased in proportion to such increase of the aggregate number of shares of Common Stock outstanding and those shares issuable with respect to such securities exercisable or convertible into Common Stock, Stock Equivalents with the number of shares issuable with respect to securities exercisable or convertible into Common Stock Equivalents determined from time to timetime in the manner provided for deemed issuances in Section 5(d)(i)(E).
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Yuma Energy, Inc.), Agreement and Plan of Merger and Reorganization (Yuma Energy, Inc.)
Stock Splits and Dividends. In the event the Corporation should at any time or from time to time after the Series F Purchase Date fix a record date for the effectuation of a split or subdivision of the outstanding shares of Common Stock or the determination of holders of Common Stock entitled to receive a dividend or other distribution payable in additional shares of Common Stock or securities exercisable or convertible into Common Stock Equivalents without payment of any consideration by such holder for the additional shares of Common Stock or securities exercisable or convertible into the Common Stock Equivalents (including the additional shares of Common Stock issuable upon conversion or exercise or conversion thereof), then, as of such record date (or the date of such dividend distribution, split or subdivision if no record date is fixed), the Conversion Price of each of the Series A and Series B Preferred Stock shall be appropriately decreased so that the number of shares of Conversion Common Stock issuable on conversion of each share of such series shall be increased in proportion to such increase of the aggregate number of shares of Common Stock outstanding and those shares issuable with respect to such securities exercisable or convertible into Common Stock, Stock Equivalents with the number of shares issuable with respect to securities exercisable or convertible into Common Stock Equivalents determined from time to timetime in the manner provided for deemed issuances in Section 4(d)(i)(E).
Appears in 1 contract
Samples: Voting Agreement (WhiteSmoke, Inc.)
Stock Splits and Dividends. In the event the Corporation should at any time or from time to time after the Series F Purchase applicable Original Issue Date fix a record date for the effectuation of a split or subdivision of the outstanding shares of Common Stock or the determination of holders of Common Stock entitled to receive a dividend or other distribution payable in additional shares of Common Stock or securities exercisable or convertible into Common Stock Equivalents without payment of any consideration by such holder for the additional shares of Common Stock or securities exercisable or convertible into the Common Stock Equivalents (including the additional shares of Common Stock issuable upon conversion or exercise or conversion thereof), then, as of such record date (or the date of such dividend distribution, split or subdivision if no record date is fixed), the applicable Series Preferred Conversion Price of the Preferred Stock shall be appropriately decreased so that the number of shares of Conversion Common Stock issuable on conversion of each share of such series shall be increased in proportion to such increase of the aggregate number of shares of Common Stock outstanding and those shares issuable with respect to such securities exercisable or convertible into Common Stock, Stock Equivalents with the number of shares issuable with respect to securities exercisable or convertible into Common Stock Equivalents determined from time to timetime in the manner provided for deemed issuances in Section 4(g)(i)(E).
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Neothetics, Inc.)
Stock Splits and Dividends. In the event the Corporation should at any time or from time to time after the Series F Purchase Date fix a record date for the effectuation of a split or subdivision of the outstanding shares of Common Stock or the determination of holders of Common Stock entitled to receive a dividend or other distribution payable in additional shares of Common Stock or securities exercisable or convertible into Common Stock Equivalents without payment of any consideration by such holder for the additional shares of Common Stock or securities exercisable or convertible into the Common Stock Equivalents (including the additional shares of Common Stock issuable upon conversion or exercise or conversion thereof), then, as of such record date (or the date of such dividend distribution, split or subdivision if no record date is fixed), the Conversion Price of each of the Series A, Series A-l, Series B, Series B-l anx Xeries C Preferred Stock shall be appropriately decreased so that the number of shares of Conversion Common Stock issuable on conversion of each share of such series shall be increased in proportion to such increase of the aggregate number of shares of Common Stock outstanding and those shares issuable with respect to such securities exercisable or convertible into Common Stock, Stock Equivalents with the number of shares issuable with respect to securities exercisable or convertible into Common Stock Equivalents determined from time to timetime in the manner provided for deemed issuances in Section 4(d)(i)(E).
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (WhiteSmoke, Inc.)
Stock Splits and Dividends. In the event the Corporation Maker should at any time or from time to time after the Series F Purchase Issuance Date fix a record date for the effectuation of a split or subdivision of the outstanding shares of Common Stock or the determination of holders of Common Stock entitled to receive a dividend or other distribution payable in additional shares of Common Stock or securities exercisable Options or convertible into Convertible Securities entitling the holder thereof to receive directly or indirectly, additional shares of Common Stock without payment of any consideration by such holder for the additional shares of Common Stock Stock, Options or securities exercisable or convertible into Common Stock Convertible Securities (including the additional shares of Common Stock issuable upon conversion or exercise or conversion thereof), then, as of such record date (or the date of such dividend distribution, split or subdivision if no record date is fixed), the Conversion Price of the Preferred Stock shall be appropriately decreased so that the number of shares of Conversion Common Stock issuable on conversion of each share of such series hereof shall be increased in proportion to such increase of the aggregate number of shares of Common Stock outstanding and those shares issuable with respect to such securities exercisable Options or convertible into Common Stock, Convertible Securities with the number of shares issuable with respect to securities exercisable Options or convertible into Common Stock Convertible Securities determined from time to timetime as provided in Section 7.3(c) below.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Bone Biologics, Corp.)
Stock Splits and Dividends. In the event the Corporation should at any time or from time to time after the Series F Purchase Date fix a record date for the effectuation of a split or subdivision of the outstanding shares of Common Stock or the determination of holders of Common Stock entitled to receive a dividend or other distribution payable in additional shares of Common Stock or securities exercisable or convertible into Common Stock Equivalents without payment of any consideration by such holder for the additional shares of Common Stock or securities exercisable or convertible into the Common Stock Equivalents (including the additional shares of Common Stock issuable upon conversion or exercise or conversion thereof), then, as of such record date (or the date of such dividend distribution, split or subdivision if no record date is fixed), the Conversion Price of the Series A Preferred Stock shall be appropriately decreased so that the number of shares of Conversion Common Stock issuable on conversion of each share of such series shall be increased in proportion to such increase of the aggregate number of shares of Common Stock outstanding and those shares issuable with respect to such securities exercisable or convertible into Common Stock, Stock Equivalents with the number of shares issuable with respect to securities exercisable or convertible into Common Stock Equivalents determined from time to timetime in the manner provided for deemed issuances in Section 4(d)(i)(E).
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Stock Splits and Dividends. In the event the Corporation should at any time or from time to time after the Series F Purchase Original Issue Date fix a record date for the effectuation of a split or subdivision of the outstanding shares of Common Stock or the determination of holders of Common Stock entitled to receive a dividend or other distribution payable in additional shares of Common Stock or securities exercisable or convertible into Common Stock Equivalents without payment of any consideration by such holder for the additional shares of Common Stock or securities exercisable or convertible into the Common Stock Equivalents (including the additional shares of Common Stock issuable upon conversion or exercise or conversion thereof), then, as of such record date (or the date of such dividend distribution, split or subdivision if no record date is fixed), the Conversion Price of the Series A Convertible Preferred Stock and the Series A-1 Convertible Preferred Stock shall be appropriately decreased so that the number of shares of Conversion Common Stock issuable on conversion of each share of such series shall be increased in proportion to such increase of the aggregate number of shares of Common Stock outstanding and those shares issuable with respect to such securities exercisable or convertible into Common Stock, Stock Equivalents with the number of shares issuable with respect to securities exercisable or convertible into Common Stock Equivalents determined from time to timetime in the manner provided for deemed issuances in Section 4(d)(i)(E).
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Stock Splits and Dividends. In the event the Corporation should at any time or from time to time after the Series F Purchase Date filing date of this Amended and Restated Certificate of Designation fix a record date for the effectuation of a split or subdivision of the outstanding shares of Common Stock or the determination of holders of Common Stock entitled to receive a dividend or other distribution payable in additional shares of Common Stock or securities exercisable or convertible into the Common Stock Equivalents without payment of any consideration by such holder for the additional shares of Common Stock or securities exercisable or convertible into the Common Stock Equivalents (including the additional shares of Common Stock issuable upon conversion or exercise or conversion thereof), then, as of such record date (or the date of such dividend distribution, split or subdivision if no record date is fixed), the Conversion Price of the Preferred Stock shall be appropriately decreased so that the number of shares of Conversion Common Stock issuable on conversion of each share of such series Series D Preferred Stock shall be increased in proportion to such increase of the aggregate number of shares of Common Stock outstanding and those shares issuable with respect to such securities exercisable or convertible into Common Stock, Stock Equivalents with the number of shares issuable with respect to securities exercisable or convertible into Common Stock Equivalents determined from time to timetime in the manner provided for deemed issuances in Section 5(d)(i)(E).
Appears in 1 contract
Samples: Restructuring and Exchange Agreement (Yuma Energy, Inc.)
Stock Splits and Dividends. In the event the Corporation should at any time or from time to time after the Series F Purchase Date fix a record date for the effectuation of a split or subdivision of the outstanding shares of Common Stock or the determination of holders of Common Stock entitled to receive a dividend or other distribution payable in additional shares of Common Stock or securities exercisable or convertible into Common Stock Equivalents without payment of any consideration by such holder for the additional shares of Common Stock or securities exercisable or convertible into the Common Stock Equivalents (including the additional shares of Common Stock issuable upon conversion or exercise or conversion thereof), then, as of such record date (or the date of such dividend distribution, split or subdivision if no record date is fixed), the Conversion Price of each of the Series A, Series A-l, Series B, Series B-x and Series C Preferred Stock shall be appropriately decreased so that the number of shares of Conversion Common Stock issuable on conversion of each share of such series shall be increased in proportion to such increase of the aggregate number of shares of Common Stock outstanding and those shares issuable with respect to such securities exercisable or convertible into Common Stock, Stock Equivalents with the number of shares issuable with respect to securities exercisable or convertible into Common Stock Equivalents determined from time to timetime in the manner provided for deemed issuances in Section 4(d)(i)(E).
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (WhiteSmoke, Inc.)