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 or subscription or purchase rights and shall, thereafter and before the distribution thereof to shareholders, legally abandon its plan to pay or deliver such 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be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.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: Purchase Agreement (Contango Oil & Gas Co), Purchase Agreement (Contango Oil & Gas Co), Purchase Agreement (Contango Oil & Gas Co)
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 or subscription or purchase rights and to which the provisions of Section 8 would apply, but shall, thereafter and before the distribution thereof to shareholdersstockholders thereof, legally abandon its plan to pay or deliver such dividend, dividend or 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be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.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: Side Agreement (Efax Com Inc), Merger Agreement (Jfax Com Inc), Merger Agreement (Efax Com Inc)
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 or subscription or purchase rights and shall, thereafter and before the distribution thereof to shareholders, legally abandon its plan to pay or deliver such 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be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.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 3 contracts
Samples: Underwriters' Warrant Agreement (All-Comm Media Corp), Warrant Agreement (Earthlink Network Inc), Warrant Agreement (Portola Packaging 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 or subscription or purchase rights and shall, thereafter and before the distribution thereof to shareholdersstockholders, legally abandon its plan to pay or deliver such 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 3 contracts
Samples: Warrant Agreement (Lamonts Apparel Inc), Warrant Agreement (Lamonts Apparel Inc), Warrant Agreement (Lamonts Apparel Inc)
