Common use of Timing of Issuance of Additional Common Stock Upon Certain Adjustments Clause in Contracts

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 4(g) require that an adjustment shall become effective immediately after a record date for an event, the Corporation may defer until the occurrence of such event (A) issuing to the holder of any Series A Preferred Stock converted after such record date and before the occurrence of such event the additional Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the Common Stock issuable upon such conversion before giving effect to such adjustment, and (B) paying to such holder any amount of cash in lieu of a fractional Common Share pursuant to paragraph (h) of this Section 4; provided that the Corporation upon request shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Option Agreement (Biotime Inc)

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Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 4(g) require that an adjustment shall become effective immediately after a record date for an event, the Corporation may defer until the occurrence of such event (A) issuing to the holder Holder of any Series A Preferred Stock converted after such record date and before the occurrence of such event the additional Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the Common Stock issuable upon such conversion before giving effect to such adjustment, and (B) paying to such holder Holder any amount of cash in lieu of a fractional share of Common Share Stock pursuant to paragraph (h) of this Section 4; provided that the Corporation upon request shall deliver to such holder Holder a due xxxx bill or other appropriate instrument evidencing such holder's Holder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Exchange Agreement (AgeX Therapeutics, Inc.)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 4(g) require that an adjustment shall become effective immediately after a record date for an event, the Corporation may defer until the occurrence of such event (A) issuing to the holder Holder of any Series A B Preferred Stock converted after such record date and before the occurrence of such event the additional Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the Common Stock issuable upon such conversion before giving effect to such adjustment, and (B) paying to such holder Holder any amount of cash in lieu of a fractional share of Common Share Stock pursuant to paragraph (h) of this Section 4; provided that the Corporation upon request shall deliver to such holder Holder a due xxxx bill or other appropriate instrument evidencing such holder's Holder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Exchange Agreement (AgeX Therapeutics, Inc.)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 4(g) 5.1.5 shall require that an adjustment shall become effective immediately after a record date for an event, the Corporation Company may defer until the occurrence of such event (Ai) issuing to the holder of any Series A Preferred Stock the Note converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion before giving effect to such adjustment, adjustment and (Bii) paying to such holder any amount of cash in lieu of a fractional share of Common Share Stock pursuant to paragraph (h) of this Section 45.1.4; provided that the Corporation Company upon request shall deliver to such holder a due xxxx bill or other appropriate instrument evidencing such holder's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Harris James T)

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Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 4(g) subparagraph 4 shall require that an any adjustment shall become effective immediately after a record date for an event, the Corporation corporation may defer until the occurrence of such event (A) issuing to the holder of any share of Series A Preferred Stock converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion before giving effect to such adjustment, adjustment and (B) paying to such holder any amount of cash in lieu of a fractional share of Common Share pursuant to paragraph (h) of this Section 4; Stock provided that the Corporation corporation upon request shall deliver to such holder a due xxxx or bill xx other appropriate instrument evidencing such holder's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Preferred Stock Exchange Agreement (Comprehensive Care Corp)

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