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 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 which 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, and the number of shares of Common Stock issuable hereunder shall be correspondingly adjusted. For purposes of Section 2B, the expiration or termination of any Option or Convertible Security which was outstanding as of the Date of 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 of Issuance.

Appears in 3 contracts

Samples: Warrant Agreement (SoftBrands, Inc.), Warrant Agreement (Abry Mezzanine Partners Lp), Warrant Agreement (SoftBrands, 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 Security Securities without the exercise of any such Option or right, the Exercise Price then in effect and the number of 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 SecuritySecurities, 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 2B, 2B the expiration or termination of any Option or Convertible Security which was outstanding as of the Date date of Issuance issuance of this Warrant 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 Issuanceissuance of this Warrant.

Appears in 2 contracts

Samples: Warrant Agreement (Sterling Construction Co Inc), Warrant Agreement (Siga Technologies 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 shares of Warrant 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 SecuritySecurities, 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 2B3(b)(iv), the expiration or termination of any Option or Convertible Security which was outstanding as of the Date date of Issuance issuance of this Warrant 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 Issuanceissuance of this Warrant.

Appears in 1 contract

Samples: Warrant Agreement (Imc Mortgage Co)

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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 Security without the exercise in full of any such Option or right, the Exercise Conversion Price of shares of such Subseries then in effect hereunder shall be adjusted immediately to the Exercise Conversion Price which would have been in effect at the time of such expiration or termination had such Option or Convertible Security, to the extent outstanding and unexercised 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 Section 2Bparagraph (g), the expiration or termination of any Option or Convertible Security which was outstanding as of the Original Date of Issuance Issue of shares of such Subseries shall not cause the Exercise Conversion 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 Original Date of IssuanceIssue of shares of such Subseries.

Appears in 1 contract

Samples: Securities Purchase Agreement (Labone Inc/)

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