When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 3(h) shall be made to the nearest 1/100th of a share.
Appears in 4 contracts
Samples: Homestead Village Inc, Homestead Village Properties Inc, Homestead Village Properties Inc
When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Rate need be made unless the adjustment would require an increase or decrease of at least 11.0% in the Exercise Rate. Any Notwithstanding the foregoing, any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment, provided that no such adjustment shall be deferred beyond the date on which a Warrant is exercised. All calculations under this Section 3(h) 9 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.
Appears in 3 contracts
Samples: Registration Rights Agreement (Ion Media Networks Inc.), Registration Rights Agreement (Cig Media LLC), Registration Rights Agreement (Cig Media LLC)
When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 3(h) shall be made to the nearest 1/100th of a share.
Appears in 3 contracts
Samples: Warrant Agreement (Peoples Choice Financial Corp), Common Stock Warrant Agreement (Green Tree Financial Corp), Warrant Agreement (Railamerica Inc /De)
When De Minimis Adjustment May Be Deferred. No adjustment in ------------------------------------------ the Exercise Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Rate. Any Notwithstanding the foregoing, any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment, provided that no such adjustment shall be -------- ---- deferred beyond the date on which a Warrant is exercised. All calculations under this Section 3(h) 12 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.
Appears in 2 contracts
Samples: Warrant Agreement (Endo Pharma LLC), Warrant Agreement (Endo Pharmaceuticals Holdings Inc)
When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 3(h) shall be made to the nearest 1/100th of a share.
Appears in 2 contracts
Samples: Warrant Agreement (Monarch Dental Corp), Warrant Agreement (Monarch Dental Corp)
When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Rate. Any Notwithstanding the foregoing, any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment, provided that no such adjustment shall be deferred beyond the date on which a Warrant is exercised. All calculations under this Section 3(h) 12 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.
Appears in 2 contracts
Samples: Warrant Agreement (Endo Pharmaceuticals Holdings Inc), Warrant Agreement (Advanced Radio Telecom Corp)
When De Minimis Adjustment May Be Deferred. No ------------------------------------------ adjustment in the Exercise Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Rate. Any Notwithstanding the foregoing, any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment, provided that no such adjustment -------- ---- shall be deferred beyond the date on which a Warrant is exercised. All calculations under this Section 3(h) 12 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.
Appears in 1 contract
Samples: Warrant Agreement (Endo Pharmaceuticals Holdings Inc)
When De Minimis Adjustment May Be Deferred. No adjustment ------------------------------------------ in the Exercise Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Rate. Any Notwithstanding the foregoing, any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment, provided that no such adjustment -------- ---- shall be deferred beyond the date on which a Warrant is exercised. All calculations under this Section 3(h) 12 shall be made to the nearest 1/100th cent or to the nearest 1/100/th/ of a share, as the case may be.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Algos Pharmaceutical Corp)
When De Minimis Adjustment May Be Deferred. No adjustment in the ------------------------------------------ Exercise Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Rate. Any Notwithstanding the foregoing, any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment, provided that no such adjustment shall be deferred -------- ---- beyond the date on which a Warrant is exercised. All calculations under this Section 3(h) 12 shall be made to the nearest 1/100th cent or to the nearest 1/100/th/ of a share, as the case may be.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Algos Pharmaceutical Corp)
When De Minimis Adjustment May Be Deferred. No adjustment in the ---------------------------------------------- Exercise Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 3(h) shall be made to the nearest 1/100th of a share.
Appears in 1 contract
Samples: Warrant Agreement (Unidigital Inc)
When De Minimis Adjustment May Be Deferred. No adjustment ------------------------------------------ in the Exercise Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Rate. Any Notwithstanding the foregoing, any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment, provided that no such adjustment -------- ---- shall be deferred beyond the date on which a Warrant is exercised. All calculations under this Section 3(h) 12 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.
Appears in 1 contract
Samples: Warrant Agreement (Endo Pharmaceuticals Holdings Inc)
When De Minimis Adjustment May Be Deferred. No adjustment in the ------------------------------------------ Exercise Rate need be made unless the adjustment would require an increase or decrease of at least one percent (1% %) in the Exercise Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustmentadjustments. All calculations under this Section 3(h) 12 shall be made to the nearest 1/100th 1/1000th of a share, as the case may be.
Appears in 1 contract
Samples: Shareholders Agreement (Jostens Inc)
When De Minimis Adjustment May Be Deferred. No adjustment in the ------------------------------------------ Exercise Rate need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Rate. Any Notwithstanding the foregoing, any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment, provided that no such adjustment shall be deferred beyond the date on which a Warrant is exercised. All calculations under this Section 3(h) 12 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.
Appears in 1 contract
