Warrant Amendments. The Warrant is hereby amended as follows, such amendments to be effective as of the date hereof:
Warrant Amendments. At the Closing, each of the Note Holders who beneficially own common stock purchase warrants issued in connection with the issuance of the Convertible Notes (the "Note Warrants") shall execute an amendment to their respective Note Warrants in the form of Exhibit B attached hereto (each, an "Amended Note Warrant").
Warrant Amendments. The Warrant is hereby amended to change the number and class and series of Company securities purchasable thereunder, and the exercise price per share therefor, in accordance with the following:
Warrant Amendments. The Warrant Agreement is hereby amended to reflect that, notwithstanding any provisions in the Warrant Agreement (including Sections 3, 4, 5 and/or 6 thereof) to the contrary, upon or promptly following receipt of the Required Approval:
Warrant Amendments. The Company shall have delivered to the Purchasers an executed copy of the Warrant Amendments, in substantially the form of Exhibit G hereto.
Warrant Amendments. Prior to the Effective Time, the Company shall use its commercially reasonable best efforts to obtain all agreements or modifications necessary for each Company Warrant to be canceled at the Effective Time pursuant to, and as provided in, Section 2.1(e).
Warrant Amendments. The Company shall have obtained the Warrant Amendments.
Warrant Amendments. The Company represents and warrants to Platinum that, except as set forth in the Amendment and Waiver, dated as of May 24, 2013, between the Company and Platinum, no event since the date of the issuance of any Exchange Warrant, Investment Warrant or the Additional Warrant, as defined in the Note Exchange and Purchase Agreement, dated October 11, 2012 (“NEPA”), between the Company and Platinum has occurred that would or could cause the exercise price or number of warrant shares to adjust pursuant to the terms of such warrants. Based on the foregoing representation, on the Closing Date, (i) the exercise price of the Exchange Warrant, Investment Warrants, Additional Warrant and Series A Exchange Warrant, as defined in the NEPA (collectively, the “Warrants”), shall be fixed at the lower of (a) $.50 and (b) the lowest price per share of the Common Stock issued in the Qualified Financing, and no other adjustments shall be made to the Warrants in the event the Company thereafter issues Common Stock at a price less than $0.50 per share, or securities with an exercise or conversion price less than $0.50 per share; provided, that, typical adjustments for splits, combinations and dividends shall apply, it being the intent hereof that Sections 4.1, 4.2 and 4.3 of the Warrant shall remain in effect; and (ii) Section 4.8.2 of the Warrants, including the Series A Exchange Warrant that may be issued to Platinum, shall be deleted, terminated and shall be of no further force and effect following the Qualified Financing. Notwithstanding the foregoing, the amendments and waivers of the Warrants upon the Closing Date set forth in this Section 4 shall be of no force and effect, retroactive to the date hereof, in the event that the Company issues to any person (other than Platinum), while any of the Warrants are outstanding, any equity purchase warrant (y) permitting adjustment to the number of warrant shares exercisable thereunder upon any of the events set forth in Section 4.8.2 of the Warrants or (z) any warrants permitting any adjustments to the exercise price thereof other than pursuant to provisions substantially similar to Sections 4.1, 4.2 and 4.3 of the Warrants.
Warrant Amendments. Irrespective of any adjustments pursuant to this Section 7, the Warrant theretofore or thereafter issued need not be amended or replaced, but certificates thereafter issued shall bear an appropriate legend or other notice of any adjustments; provided Ampex may, at its option, issue certificates evidencing the new Warrant in such form as may be approved by its Board of Directors to reflect any adjustment in the Exercise Price and number of Warrant Shares purchasable under the Warrant and deliver the same to the Holder in substitution for the existing Warrant.
Warrant Amendments. Promptly following the execution of this Merger Agreement, the Company shall cause each of the Persons listed on Schedule 4.4 as holding Warrants (the “Warrant Holders”) to execute and deliver an amendment to such Person’s Warrant in form and substance reasonably acceptable to the Buyer Parties (the “Warrant Amendments”).
