Treatment of Expired Options and Unexercised Convertible Securities. Upon the expiration of any Option or the termination of any right to convert or exchange any Convertible Security without the exercise of any such Option or right, the Exercise Price then in effect hereunder shall be adjusted immediately to the Exercise Price that would have been in effect at the time of such expiration or termination had such Option or Convertible Security, to the extent outstanding immediately prior to such expiration or termination, never been issued; provided that if such expiration or termination would result in an increase in the Exercise Price then in effect, the Company will promptly give all Holders of Warrants written notice of such increase. For purposes of this subsection (d), the expiration or termination of any Option or Convertible Security that was outstanding as of the Original Issue Date shall not cause the Exercise Price hereunder to be adjusted unless, and only to the extent that, a change in the terms of such Option or Convertible Security caused it to be deemed to have been issued after the Original Issue Date.
Appears in 6 contracts
Samples: Warrant Agreement (Xstream Systems Inc), Warrant Agreement (Xstream Systems Inc), Warrant Agreement (Xstream Systems Inc)
Treatment of Expired Options and Unexercised Convertible Securities. Upon the expiration of any Option or the termination of any right to convert or exchange any Convertible Security Securities without the exercise of any such Option or right, the Exercise Price then in effect and the number of Warrant Shares issuable hereunder shall be adjusted immediately to the Exercise Price that and the number of shares which would have been in effect at the time of such expiration or termination had such Option or Convertible SecuritySecurities, to the extent outstanding immediately prior to such expiration or termination, never been issued; provided that if such expiration or termination would result in an increase in the Exercise Price then in effect, the Company will promptly give all Holders of Warrants written notice of such increase. For purposes of this subsection (dSection 2(e), the expiration or termination of any Option or Convertible Security that which was outstanding as of the Original Issue Date date of issuance of this Warrant shall not cause the Exercise Price hereunder to be adjusted unless, and only to the extent that, a change in the terms of such Option or Convertible Security caused it to be deemed to have been issued after the Original Issue Datedate of issuance of this Warrant.
Appears in 4 contracts
Samples: Credit Agreement (Clayton Williams Energy Inc /De), Credit Agreement (Clayton Williams Energy Inc /De), Warrant Agreement (Clayton Williams Energy Inc /De)
Treatment of Expired Options and Unexercised Convertible Securities. Upon the expiration of any Option or the termination of any right to convert or exchange any Convertible Security Securities without the exercise of any such Option or right, the Exercise Price then in effect hereunder number of shares of Common Stock acquirable upon exercise of this Warrant shall be adjusted immediately to the Exercise Price that number of shares which would have been in effect at the time of such expiration or termination had such Option or Convertible SecuritySecurities, to the extent outstanding immediately prior to such expiration or termination, never been issued; provided that if such expiration or termination would result in an increase in the Exercise Price then in effect, the Company will promptly give all Holders of Warrants written notice of such increase. For purposes of this subsection (d)paragraph 2B, the expiration or termination of any Option or Convertible Security that which was outstanding as of the Original Issue Date of Issuance shall not cause the Exercise Price hereunder number of shares of Common Stock acquirable upon exercise of this Warrant to be adjusted unless, and only to the extent that, a change in the terms of such Option or Convertible Security caused it to be deemed to have been issued after the Original Issue Datedate of issuance of this Warrant.
Appears in 3 contracts
Samples: Stock Warrant Purchase Agreement (Kv Pharmaceutical Co /De/), Stock Warrant Purchase Agreement (Kv Pharmaceutical Co /De/), Stock Warrant Purchase Agreement (Kv Pharmaceutical Co /De/)
Treatment of Expired Options and Unexercised Convertible Securities. Upon the expiration of any Option or the termination of any right to convert or exchange any Convertible Security without the exercise of any such Option or right, the Exercise Price then in effect hereunder shall be adjusted immediately to the Exercise Price that would have been in effect at the time of such expiration or termination had such Option or Convertible Security, to the extent outstanding immediately prior to such expiration or termination, never been issued; provided that provided, that, if such expiration or termination would result in an increase in the Exercise Price then in effect, the Company will promptly give all Holders of Warrants written notice of such increase. For purposes of this subsection (dSection 5.3(d), the expiration or termination of any Option or Convertible Security that was outstanding as of the Original Issue Date shall not cause the Exercise Price hereunder to be adjusted unless, and only to the extent that, a change in the terms of such Option or Convertible Security caused it to be deemed to have been issued after the Original Issue Date.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Xstream Systems Inc)