Common use of Treatment of Expired Options and Unexercised Convertible Securities Clause in Contracts

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 Securities without the exercise of 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 and the number of shares which would have been in effect at the time of such expiration or termination had such Option or Convertible Securities, to the extent outstanding immediately prior to such expiration or termination, never been issued. For purposes of this Section 2(e), the expiration or termination of any Option or Convertible Security which was outstanding as of the 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 date of issuance of this Warrant.

Appears in 4 contracts

Samples: Credit Agreement (Clayton Williams Energy Inc /De), Credit Agreement (Clayton Williams Energy Inc /De), Standstill Agreement (Clayton Williams Energy Inc /De)

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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 Securities Security 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 and the number of shares which would have been in effect at the time of such expiration or termination had such Option or Convertible SecuritiesSecurity, to the extent outstanding immediately prior to such expiration or termination, never been issued, and the number of shares of Common Stock issuable hereunder shall be correspondingly adjusted. For purposes of this Section 2(e)2B, the expiration or termination of any Option or Convertible Security which was outstanding as of the date Date of issuance of this Warrant Issuance shall not cause the Exercise Price or the number of shares Common Stock issuable 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 date Date of issuance of this WarrantIssuance.

Appears in 3 contracts

Samples: Exercise Agreement (Abry Mezzanine Partners Lp), Exercise Agreement (SoftBrands, Inc.), Exercise Agreement (SoftBrands, 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 Securities without the exercise of such Option or right, the Exercise Price then in effect and the number of shares of Common Stock acquirable upon exercise of this Warrant Shares issuable hereunder shall be adjusted immediately to the Exercise Price and the number of shares which would have been in effect at the time of such expiration or termination had such Option or Convertible Securities, to the extent outstanding immediately prior to such expiration or termination, never been issued. For purposes of this Section 2(e)paragraph 2B, the expiration or termination of any Option or Convertible Security which was outstanding as of the date Date of issuance of this Warrant 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 date of issuance of this Warrant.

Appears in 3 contracts

Samples: Registration Rights Agreement (Kv Pharmaceutical Co /De/), Registration Rights Agreement (Kv Pharmaceutical Co /De/), Registration Rights 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 Securities without the exercise of such Option or right, the Exercise Price then in effect and the number of Warrant Shares issuable the Exercise Stock acquirable hereunder shall be adjusted immediately to the Exercise Price and the number of shares which would have been in effect at the time of such expiration or termination had such Option or Convertible Securities, to the extent outstanding immediately prior to such expiration or termination, never been issued. For purposes of this Section 2(e), 2B the expiration or termination of any Option or Convertible Security which was outstanding as of the 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 date of issuance of this Warrant.

Appears in 2 contracts

Samples: Exercise Agreement (Sterling Construction Co Inc), Exercise Agreement (Siga Technologies Inc)

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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 Securities without the exercise of such Option or right, the Exercise Price then in effect and the number of shares of Warrant Shares issuable Stock acquirable hereunder shall be adjusted immediately to the Exercise Price and the number of shares which would have been in effect at the time of such expiration or termination had such Option or Convertible Securities, to the extent outstanding immediately prior to such expiration or termination, never been issued. For purposes of this Section 2(e3(b)(iv), the expiration or termination of any Option or Convertible Security which was outstanding as of the 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 date of issuance of this Warrant.

Appears in 1 contract

Samples: Exercise Agreement (Imc Mortgage Co)

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 Securities Security without the exercise in full of any such Option or right, the Exercise Conversion Price of shares of such Subseries then in effect and the number of Warrant Shares issuable hereunder shall be adjusted immediately to the Exercise Conversion Price and the number of shares which would have been in effect at the time of such expiration or termination had such Option or Convertible SecuritiesSecurity, to the extent outstanding and unexercised immediately prior to such expiration or termination, never been issued. For purposes of this Section 2(eparagraph (g), the expiration or termination of any Option or Convertible Security which was outstanding as of the date Original Date of issuance Issue of this Warrant shares of such Subseries shall not cause the Exercise Conversion 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 date Original Date of issuance Issue of this Warrantshares of such Subseries.

Appears in 1 contract

Samples: Securities Purchase Agreement (Labone Inc/)

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