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 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 any amount of cash in lieu of a fractional share of Common Stock pursuant to paragraph (h) of this Section 4; provided that the Corporation upon request shall deliver to such Holder a due 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: Exchange Agreement (AgeX Therapeutics, Inc.)

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Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which If the provisions of this Section 4(g) 10 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 (Aa) issuing to the a Holder of any Series B Preferred Stock converted Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion exercise before giving effect to such adjustment, adjustment and (Bb) paying to such Holder any amount of cash in lieu of a fractional share of Common Stock pursuant to paragraph (h) of this Section 4Stock; provided that provided, however, that, upon request, the Corporation upon request Company shall deliver to such Holder a due 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: Warrant Agreement (First Pactrust Bancorp Inc)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 4(g) Part 3 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 (A1) issuing to the Holder of any Series B Preferred Stock converted exercising after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion exercise before giving effect to such adjustment, adjustment and (B2) paying to such Holder any amount of cash in lieu of a fractional share of such Common Stock pursuant to paragraph (h) of this Section 4Stock; provided provided, however, that the Corporation Company upon request shall deliver to such the Holder a due bill or other appropriate instrument evidencing such the Holder’s 's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: SCF Iv Lp

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 4(g) Part 3 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 (A1) issuing to the Holder of any Series B Preferred Stock converted exercising after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion exercise before giving effect to such adjustment, adjustment and (B2) paying to such Holder any amount of cash in lieu of a fractional share of such Common Stock pursuant to paragraph (h) of this Section 4Stock; provided provided, however, that the Corporation Company upon request shall deliver to such the Holder a due bill or other appropriate instrument evidencing such Holder’s thx Xxlder's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Input Output Inc

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Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which If the provisions of this Section 4(g) 10 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 (Aa) issuing to the a Holder of any Series B Preferred Stock converted Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such conversion exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such conversion exercise before giving effect to such adjustment, adjustment and (Bb) paying to such Holder any amount of cash in lieu of a fractional share of Common Stock pursuant to paragraph (h) of this Section 4Stock; provided that provided, however, that, upon request, the Corporation upon request Company shall deliver to such Holder a due bill 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: Agreement and Plan of Merger (First Pactrust Bancorp Inc)

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