Common use of When Issuance or Payment May Be Deferred Clause in Contracts

When Issuance or Payment May Be Deferred. In any case in which this Section 11 shall require that an adjustment in the number of shares of Common Stock issuable upon exercise of each Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the number of shares of Common Stock issuable upon exercise of each Warrant and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 12 hereof; provided, however, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder’s right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 2 contracts

Samples: Warrant Agreement (Lambert's Cove Acquisition CORP), Warrant Agreement (NTR Acquisition Co.)

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When Issuance or Payment May Be Deferred. In any case in which this Section 11 shall require requires that an adjustment in the number of shares of Common Stock issuable upon exercise of each Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the number of shares of Common Stock issuable upon exercise of each Warrant and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 12 hereof12; provided, however, that the Company shall deliver to such holder a due xxxx bxxx or other appropriate instrument evidencing such holder’s right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 2 contracts

Samples: Warrant Agreement (Prime Acquisition Corp), Warrant Agreement (Prime Acquisition Corp)

When Issuance or Payment May Be Deferred. In any case in which this Section 11 10 shall require that an adjustment in the number of shares of Common Stock Warrant Shares issuable upon exercise of each one Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the current number of shares of Common Stock Warrant Shares issuable upon exercise of each one Warrant and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 12 hereof11; providedPROVIDED, howeverHOWEVER, that the Company shall deliver to such holder a due xxxx bill or other appropriate instrument evidencing such holder’s 's right to receive xxxeive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 2 contracts

Samples: Warrant Agreement (Geokinetics Inc), Warrant Agreement (Geokinetics Inc)

When Issuance or Payment May Be Deferred. In any case in which this Section 11 12 shall require that an adjustment in the number of shares of Common Stock issuable upon exercise of each Warrant Exercise Rate or Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the number of shares of Common Stock issuable upon exercise of each Warrant Exercise Rate prior to such adjustment, and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 12 13 hereof; provided, however, that the Company shall deliver to the Warrant Agent and shall cause the Warrant Agent, on behalf of and at the expense of the Company, to deliver to such holder Holder a due xxxx or other appropriate instrument evidencing such holder’s Holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Endo Pharmaceuticals Holdings Inc), Warrant Agreement (Endo Pharmaceuticals Holdings Inc)

When Issuance or Payment May Be Deferred. In any case in ---------------------------------------- which this Section 11 12 shall require that an adjustment in the number of shares of Common Stock issuable upon exercise of each Warrant Exercise Rate or Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the number of shares of Common Stock issuable upon exercise of each Warrant Exercise Rate prior to such adjustment, and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 12 13 hereof; provided, however, that the Company shall deliver to the Warrant Agent and shall cause the Warrant Agent, on behalf of and at the expense of the Company, to deliver to such holder Holder a due xxxx or other appropriate instrument evidencing such holder’s Holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 2 contracts

Samples: Warrant Agreement (Endo Pharmaceuticals Holdings Inc), Warrant Agreement (Endo Pharma LLC)

When Issuance or Payment May Be Deferred. In any case in which this Section 11 10 shall require that an adjustment in the number of shares of Common Stock Warrant Shares issuable upon exercise of each one Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the current number of shares of Common Stock Warrant Shares issuable upon exercise of each one Warrant and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 12 hereof11; provided, however, that the Company shall deliver to such holder Holder a due xxxx bill or other appropriate instrument evidencing such holder’s Holder's right to receive tx xxceive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 2 contracts

Samples: Warrant Agreement (Labone Inc/), Warrant Agreement (Labone Inc/)

When Issuance or Payment May Be Deferred. In any case in which this Section 11 shall require requires that an adjustment in the number of shares of Common Stock issuable upon exercise of each Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the number of shares of Common Stock issuable upon exercise of each Warrant and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 12 hereof12; provided, however, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder’s right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Prime Acquisition Corp)

When Issuance or Payment May Be Deferred. In any case ---------------------------------------- in which this Section 11 12 shall require that an adjustment in the number of shares of Common Stock issuable upon exercise of each Warrant Exercise Rate or Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the number of shares of Common Stock issuable upon exercise of each Warrant Exercise Rate prior to such adjustment, and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 12 13 hereof; provided, however, that the -------- ------- Company shall deliver to the Warrant Agent and shall cause the Warrant Agent, on behalf of and at the expense of the Company, to deliver to such holder Holder a due xxxx or other appropriate instrument evidencing such holder’s Holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Endo Pharmaceuticals Holdings Inc)

When Issuance or Payment May Be Deferred. In any case in which this Section 11 ---------------------------------------- Section12 shall require that an adjustment in the number of shares of Common Stock issuable upon exercise of each Warrant Exercise Rate or Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing i)issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the number of shares of Common Stock issuable upon exercise of each Warrant Exercise Rate prior to such adjustment, and (ii) paying ii)paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 12 hereofSection13; provided, however, that the Company -------- ------- shall deliver to the Warrant Agent and shall cause the Warrant Agent, on behalf of and at the expense of the Company, to deliver to such holder Holder a due xxxx or other appropriate instrument evidencing such holder’s Holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Samsonite Corp/Fl)

When Issuance or Payment May Be Deferred. In any case in which this Section 11 10 shall require that an adjustment in the number of shares of Common Stock Warrant Shares issuable upon exercise of each one Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the current number of shares of Common Stock Warrant Shares issuable upon exercise of each one Warrant and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 12 hereof11; provided, however, that the --------- ------- Company shall deliver to such holder Holder a due xxxx or other appropriate instrument evidencing such holder’s Holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Concentra Operating Corp)

When Issuance or Payment May Be Deferred. In any case in which this Section 11 shall require that an adjustment in the number of shares of Common Stock Ordinary Shares issuable upon exercise of each Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant exercised after such record date the Warrant Shares and other shares of the share capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other shares of the share capital stock of the Company, if any, issuable upon such exercise on the basis of the number of shares of Common Stock Ordinary Shares issuable upon exercise of each Warrant and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 12 hereof; provided, however, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder’s right to receive such additional Warrant Shares, other shares of the share capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (ASM Acquisition CO LTD)

When Issuance or Payment May Be Deferred. In any case in which this Section 11 shall require that an adjustment in the number of shares of Common Stock issuable upon exercise of each Exercise Price and Warrant Number be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the number of shares of Common Stock issuable upon exercise of each Warrant Number prior to such adjustment, and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 12 hereof11; providedPROVIDED, howeverHOWEVER, that the Company shall deliver to such holder Holder a due xxxx or other appropriate instrument evidencing such holder’s Holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Marshall Industries)

When Issuance or Payment May Be Deferred. In any case in which this Section 11 10 shall require that an adjustment in the number of shares of Common Stock Warrant Shares issuable upon exercise of each one Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the current number of shares of Common Stock Warrant Shares issuable upon exercise of each one Warrant and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 12 hereof11; provided, however, that the Company shall deliver to such holder Holder a due xxxx bill or other appropriate instrument evidencing such holder’s Holder's right to receive xx xeceive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Maxxim Medical Inc)

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When Issuance or Payment May Be Deferred. In any case in which this Section 11 11.2 shall require that an adjustment in the number of shares of Common Stock issuable upon exercise of each Warrant be made effective as of a record date for a specified event, the Company Parent may elect to defer until the occurrence of such event (i) issuing to the holder of any Warrant Certificate exercised after such record date the Warrant Shares and other capital stock of the CompanyParent, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the CompanyParent, if any, issuable upon such exercise on the basis of the number of shares of Common Stock issuable upon exercise of each Warrant and (ii) paying to such holder any amount in cash in lieu of a fractional share purchased pursuant to Section 12 hereof11.3; provided, however, that the Company Parent shall deliver to such holder a due xxxx or bill xx other appropriate instrument evidencing such holder’s 's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Unit Purchase Agreement (GPPW Inc)

When Issuance or Payment May Be Deferred. In any case in which ---------------------------------------- this Section 11 10 shall require that an adjustment in the number of shares of Common Stock issuable upon exercise of each Warrant Exercise Rate or Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the number of shares of Common Stock issuable upon exercise of each Warrant Exercise Rate prior to such adjustment, and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 12 hereof11; provided, however, that the Company -------- ------- shall deliver deliver, at its own expense, to such holder Holder a due xxxx or other appropriate instrument evidencing such holder’s Holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Wm Acquisition Inc)

When Issuance or Payment May Be Deferred. In any case in which this Section 11 10 shall require that an adjustment in the number of shares of Common Stock Warrant Shares issuable upon exercise of each one Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the current number of shares of Common Stock Warrant Shares issuable upon exercise of each one Warrant and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 12 hereof11; provided, however, that the Company shall deliver to such holder Holder a due xxxx or other appropriate instrument evidencing such holder’s Holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Welsh Carson Anderson & Stowe Ix Lp)

When Issuance or Payment May Be Deferred. In any case in which this Section 11 12 shall require that an adjustment in the number of shares of Common Stock issuable upon exercise of each Warrant Exercise Rate be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the number of shares of Common Stock issuable upon exercise of each Warrant Exercise Rate prior to such adjustment, and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 12 hereof13; providedPROVIDED, howeverHOWEVER, that the Company shall deliver to the Warrant Agent and shall cause the Warrant Agent, on behalf of and at the expense of the Company, to deliver to such holder Holder a due xxxx or other appropriate instrument evidencing such holder’s Holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Advanced Radio Telecom Corp)

When Issuance or Payment May Be Deferred. In any ---------------------------------------- case in which this Section 11 12 shall require that an adjustment in the number of shares of Common Stock issuable upon exercise of each Warrant Exercise Rate or Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the number of shares of Common Stock issuable upon exercise of each Warrant Exercise Rate prior to such adjustment, and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 12 13 hereof; provided, however, that the Company shall deliver to the Warrant Agent and shall cause the Warrant Agent, on behalf of and at the expense of the Company, to deliver to such holder Holder a due xxxx or other appropriate instrument evidencing such holder’s Holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Endo Pharmaceuticals Holdings Inc)

When Issuance or Payment May Be Deferred. In any case in which this Section 11 10 shall require that an adjustment in the number of shares of Common Stock Warrant Shares issuable upon exercise of each one Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the current number of shares of Common Stock Warrant Shares issuable upon exercise of each one Warrant and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 12 hereof11; providedPROVIDED, howeverHOWEVER, that the Company shall deliver to such holder Holder a due xxxx or other appropriate instrument evidencing such holder’s Holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Oci Holdings Inc)

When Issuance or Payment May Be Deferred. In any case in which this ---------------------------------------- Section 11 12 shall require that an adjustment in the number of shares of Common Stock issuable upon exercise of each Warrant Exercise Rate or Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the number of shares of Common Stock issuable upon exercise of each Warrant Exercise Rate prior to such adjustment, and (ii) paying to such holder Holder any amount in cash in lieu of a fractional share pursuant to Section 12 13 hereof; provided, however, that the Company shall deliver -------- ------- to the Warrant Agent and shall cause the Warrant Agent, on behalf of and at the expense of the Company, to deliver to such holder Holder a due xxxx or other appropriate instrument evidencing such holder’s Holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Merger Agreement (Algos Pharmaceutical Corp)

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