When Adjustment Not Required. If the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 would apply, but shall, thereafter and before the distribution to stockholders thereof, legally abandon its plan to pay or deliver such dividend or distribution, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 14 contracts
Samples: Warrant Agreement (Norand Corp /De/), Warrant Agreement (Norand Corp /De/), Warrant Agreement (North Atlantic Trading Co Inc)
When Adjustment Not Required. If the Company shall take a ---------------------------- record of the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 would apply, but or subscription or purchase rights and shall, thereafter and before the distribution to stockholders thereof, legally abandon its plan to pay or deliver such dividend dividend, distribution, subscription or distributionpurchase rights, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 8 contracts
Samples: Warrant Agreement (Nanopierce Technologies Inc), Warrant Agreement (Telespectrum Worldwide Inc), Securities Purchase Agreement (Nanopierce Technologies Inc)
When Adjustment Not Required. If the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 would apply, but or subscription or purchase rights and shall, thereafter and before the distribution to stockholders thereofstockholders, legally abandon its plan to pay or deliver such dividend dividend, distribution, subscription or distributionpurchase rights, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 8 contracts
Samples: Warrant Agreement (Molecular Diagnostics Inc), Warrant Agreement (Ampersand Medical Corp), Warrant Agreement (Ampersand Medical Corp)
When Adjustment Not Required. If the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 6 would apply, but shall, thereafter and before the distribution to stockholders thereof, legally abandon its plan to pay or deliver such dividend or distribution, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 7 contracts
Samples: Warrant Agreement (Mai Systems Corp), Warrant Agreement (National Record Mart Inc /De/), Warrant Agreement (Coyote Network Systems Inc)
When Adjustment Not Required. If the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 hereof would apply, but shall, thereafter and before the distribution to stockholders thereof, legally abandon its plan to pay or deliver such dividend or distribution, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 6 contracts
Samples: Warrant Agreement (Corecomm LTD /De/), Stock Purchase Agreement (Scott Walter Jr), Warrant Agreement (Corecomm LTD /De/)
When Adjustment Not Required. If the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 would apply, but or subscription or purchase rights and shall, thereafter and before the distribution to stockholders thereof, legally abandon its plan to pay or deliver such dividend or dividend, distribution, subscription or purchase rights, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 4 contracts
Samples: Warrant Agreement (Consolidated Hydro Inc), Warrant Agreement (Chi Energy Inc), Warrant Agreement (Consolidated Hydro Inc)
When Adjustment Not Required. If the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 would apply, but or subscription or purchase rights and shall, thereafter and before the distribution thereof to stockholders thereofstockholders, legally abandon its plan to pay or deliver such dividend dividend, distribution, subscription or distributionpurchase rights, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 4 contracts
Samples: Warrant Agreement (Innovative Micro Technology Inc), Warrant Agreement (Innovative Micro Technology Inc), Warrant Agreement (Innovative Micro Technology Inc)
When Adjustment Not Required. If the Company shall take a record of the holders of its shares of Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 would apply, but or subscription or purchase rights and shall, thereafter and before the distribution to stockholders thereof, legally abandon its plan to pay or deliver such dividend dividend, distribution, subscription or distributionpurchase rights, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 3 contracts
Samples: Warrant Agreement (NMI Holdings, Inc.), Warrant Agreement (NMI Holdings, Inc.), Warrant Agreement (NMI Holdings, Inc.)
When Adjustment Not Required. If the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 would apply, but or subscription or purchase rights and shall, thereafter and before the distribution to stockholders stockholders thereof, legally abandon its plan to pay or deliver such dividend dividend, distribution, subscription or distributionpurchase rights, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 3 contracts
Samples: Securities Agreement (TherapeuticsMD, Inc.), Securities Agreement (TherapeuticsMD, Inc.), Securities Agreement (TherapeuticsMD, Inc.)
When Adjustment Not Required. If the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 would apply, but and shall, thereafter and before the distribution to stockholders thereof, legally abandon its plan to pay or deliver such dividend or distribution, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 3 contracts
Samples: Settlement Agreement (Health Discovery Corp), Stock Purchase Warrant (Jakks Pacific Inc), Stock Purchase Warrant (Jakks Pacific Inc)
When Adjustment Not Required. If the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 would apply, but or subscription or purchase rights and shall, thereafter and before the distribution to stockholders thereof, legally abandon its plan to pay or deliver such dividend dividend, distribution, subscription or distributionpurchase rights, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 3 contracts
Samples: Warrant Agreement (Firearms Training Systems Inc), Warrant Agreement (Firearms Training Systems Inc), Warrant Agreement (Firearms Training Systems Inc)
When Adjustment Not Required. If the Company shall take a record of the holders of its Common Stock or Non-Voting Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 would apply, but or subscription or purchase rights and shall, thereafter and before the distribution to stockholders thereof, legally abandon its plan to pay or deliver such dividend dividend, distribution, subscription or distributionpurchase rights, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 3 contracts
Samples: Warrant Agreement (Discovery Zone Inc), Warrant Agreement (Discovery Zone Inc), Warrant Agreement (Discovery Zone Inc)
When Adjustment Not Required. If the Company shall ---------------------------- take a record of the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 would apply, but or subscription or purchase rights and shall, thereafter and before the distribution to stockholders thereof, legally abandon its plan to pay or deliver such dividend dividend, distribution, subscription or distributionpurchase rights, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 2 contracts
Samples: Warrant Agreement (Adatom Com Inc), Warrant Agreement (Call Points Inc)
When Adjustment Not Required. If the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 4(a) would apply, but shall, thereafter and before the distribution to stockholders thereof, legally abandon its plan to pay or deliver such dividend or distribution, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 2 contracts
Samples: Warrant Agreement (Cannondale Corp /), Warrant Agreement (Cannondale Corp /)
When Adjustment Not Required. If the Company shall take a record ---------------------------- of the holders of its Common Nonpreferred Stock for the purpose of entitling them to receive a dividend or distribution pursuant to which the provisions of this Section 4.1 would apply, but 4 and shall, thereafter and before the distribution thereof to stockholders thereofshareholders, legally abandon its plan to pay or deliver such dividend or distributiondistribution rights, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Right Start Inc /Ca), Securities Purchase Agreement (Right Start Inc /Ca)
When Adjustment Not Required. If the Company shall take ---------------------------- a record of the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 would apply, but or subscription or purchase rights and shall, thereafter and before the distribution thereof to stockholders thereofshareholders, legally abandon its plan to pay or deliver such dividend dividend, distribution, subscription or distributionpurchase rights, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 1 contract
Samples: Securities Purchase Agreement (Contango Oil & Gas Co)
When Adjustment Not Required. If the Company shall take takes a record of the holders of its shares of Common Stock for the purpose of entitling them to receive a dividend or distribution to of shares of Common Stock for which the provisions of an adjustment is required under this Section 4.1 would apply, but shall4 and, thereafter and before the distribution to stockholders holders thereof, legally abandon abandons its plan to pay or deliver such dividend or distribution, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 1 contract
Samples: Securities Purchase Agreement (Magnum Hunter Resources Corp)
When Adjustment Not Required. If the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 would apply, but shall, thereafter and before the distribution to stockholders thereof, legally abandon its plan to pay or deliver such dividend or distributiondistribu tion, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 1 contract
When Adjustment Not Required. If the Company shall take a record of ------------------------------ the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 would apply, but or subscription or purchase rights and shall, thereafter and before the distribution to stockholders thereof, legally abandon its plan to pay or deliver such dividend or dividend, distribution, subscription or purchase rights, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 1 contract
Samples: Warrant Agreement (Lexmark International Group Inc)
When Adjustment Not Required. If the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 would apply, but or subscription or purchase rights and shall, thereafter and before the distribution to stockholders thereofsuch distribution, legally abandon its plan to pay or deliver such dividend dividend, distribution, subscription or distributionpurchase rights, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 1 contract
When Adjustment Not Required. If the Company shall take takes a record of the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 would apply, but shallor subscription or purchase rights and, thereafter and before the distribution to stockholders thereof, legally abandon abandons its plan to pay or deliver such dividend dividend, distribution, subscription or distributionpurchase rights, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 1 contract
When Adjustment Not Required. If the Company Issuer shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 4 would apply, but shall, thereafter and before the distribution to stockholders thereof, legally abandon its plan to pay or deliver such dividend or distribution, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 1 contract
Samples: Warrant Agreement (Jarden Corp)
When Adjustment Not Required. If the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 would apply, but subscription or purchase rights and shall, thereafter and before the distribution to stockholders thereof, legally abandon its plan to pay or deliver such dividend dividend, distribution, subscription or distributionpurchase rights, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Inforetech Wireless Technology Inc)
When Adjustment Not Required. If the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 would apply, but or subscription or purchase rights and shall, thereafter and before the distribution to stockholders thereof, legally abandon its plan to pay or deliver such dividend dividend, distribution, subscription or distributionpurchase rights, then thereafter no adjustment shall be 17 required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 1 contract
Samples: Warrant Agreement (Bio Plexus Inc)
When Adjustment Not Required. If the Company shall take a record ---------------------------- of the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 would apply, but or subscription or purchase rights and shall, thereafter and before the distribution to stockholders thereof, legally abandon its plan to pay or deliver such dividend dividend, distribution, subscription or distributionpurchase rights, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 1 contract
When Adjustment Not Required. If the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 hereof would apply, but shall, thereafter and before the distribution to stockholders stock holders thereof, legally abandon its plan to pay or deliver such dividend or distribution, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 1 contract
When Adjustment Not Required. If the Company ---------------------------- shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 would apply, but or subscription or purchase rights and shall, thereafter and before the distribution to stockholders thereof, legally abandon its plan to pay or deliver such dividend dividend, distribution, subscription or distributionpurchase rights, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 1 contract
When Adjustment Not Required. If the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a dividend or distribution to which the provisions of Section 4.1 would apply, but or subscription or purchase rights and shall, thereafter and before the distribution to stockholders thereof, legally abandon its plan to pay or deliver such dividend dividend, distribution, subscription or distributionpurchase rights, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.. The adjustments pursuant to this
Appears in 1 contract
Samples: Warrant Agreement (Careinsite Inc)
