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 Article IV shall require that an adjustment in the 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 of any Warrant exercised after such record date the Common Shares and other shares in the capital of the Company, if any, issuable upon such exercise over and above the Common Shares and other shares in the capital of the Company, if any, issuable upon such exercise and (ii) paying such Holder any amount in cash in lieu of a fractional share; 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 Common Shares, other shares and cash upon the occurrence of the event requiring such adjustment.

Appears in 2 contracts

Samples: Warrant Agreement (KMC Telecom Holdings Inc), Warrant Agreement (KMC Telecom Holdings Inc)

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When Issuance or Payment May Be Deferred. In any case in which this Article IV shall require that an adjustment in the 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 Common Shares and other shares in the capital of the Company, if any, issuable purchasable upon such exercise over and above the Common Shares and other shares in the capital of the Company, if any, issuable purchasable upon such exercise and (ii) paying such Holder holder any amount in cash in lieu of a fractional share; 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 Common Shares, other shares and cash upon the occurrence of the event requiring such adjustment.

Appears in 2 contracts

Samples: Dollar Warrant Agreement (Carrier1 International S A), Warrant Agreement (Carrier1 International S A)

When Issuance or Payment May Be Deferred. In any case in which this Article IV Section 3 shall require that an adjustment in the 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 of with respect to any Warrant exercised after such record date the shares of Common Shares Stock and other shares in the capital of the Company, if any, issuable upon such exercise over and above the shares of Common Shares Stock and other shares in the capital of the Company, if any, issuable upon such exercise and (ii) paying such Holder holder any amount in cash in lieu of a fractional share; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such Holder a due xxxx or other appropriate instrument evidencing such Holder's right to receive such additional Common SharesStock, other shares and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Stock Purchase Agreement (RMH Teleservices Inc)

When Issuance or Payment May Be Deferred. In any case in which this Article IV shall require that an adjustment in the 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 Common Shares and other shares in the capital of the Company, if any, issuable upon such exercise over and above the Common Shares and other shares in the capital of the Company, if any, issuable upon such exercise and (ii) paying such Holder holder any amount in cash in lieu of a fractional share; 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 Common Shares, other shares and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Econophone Inc)

When Issuance or Payment May Be Deferred. In any case in which this Article IV shall require that an adjustment in the 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 of any Warrant exercised after such record date the shares of Common Shares Stock and other shares in the capital of the Company, if any, issuable purchasable upon such exercise over and above the shares of Common Shares Stock and other shares in the capital of the Company, if any, issuable purchasable upon such exercise and (ii) paying such Holder any amount in cash in lieu of a fractional share; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such Holder a due xxxx bill or other appropriate instrument evidencing such Holder's right to receive xxxeive such additional shares of Common SharesStock, other shares and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Akorn Inc)

When Issuance or Payment May Be Deferred. In any case in which this Article IV shall require that an adjustment in the 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 Common Shares and other shares in the capital of the Company, if any, issuable upon such exercise over and above the Common Shares and other shares in the capital of the Company, if any, issuable upon such exercise and (ii) paying such Holder holder any amount in cash in lieu of a fractional share; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such Holder a due xxxx or bill xx other appropriate instrument evidencing such Holder's right to receive such additional Common Shares, other shares and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Long Distance International Inc)

When Issuance or Payment May Be Deferred. In any case in ---------------------------------------- which this Article IV shall require that an adjustment in the 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 Common Shares and other shares in the capital of the Company, if any, issuable upon such exercise over and above the Common Shares and other shares in the capital of the Company, if any, issuable upon such exercise and (ii) paying such Holder holder any amount in cash in lieu of a fractional share; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such Holder a due xxxx or other appropriate instrument evidencing such Holder's right to receive such additional Common Shares, other shares and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Exide Corp)

When Issuance or Payment May Be Deferred. In any case ----------- ---------------------------------------- in which this Article IV shall require that an adjustment in the 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 Common Shares and other shares in the capital of the Company, if any, issuable upon such exercise over and above the Common Shares and other shares in the capital of the Company, if any, issuable upon such exercise on the basis of the Exercise Price and (ii) paying such Holder holder any amount in cash in lieu of a fractional share; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such Holder a due xxxx or other appropriate instrument evidencing such Holder's right to receive such additional Common Shares, other shares and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Scovill Holdings Inc)

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When Issuance or Payment May Be Deferred. In any case in ----------- ---------------------------------------- which this Article IV shall require that an adjustment in the 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 Common Shares and other shares in the capital of the Company, if any, issuable upon such exercise over and above the Common Shares and other shares in the capital of the Company, if any, issuable upon such exercise and (ii) paying such Holder holder any amount in cash in lieu of a fractional share; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such Holder a due xxxx or other appropriate instrument evidencing such Holder's right to receive such additional Common Shares, other shares and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Loudcloud Inc)

When Issuance or Payment May Be Deferred. In any case in which this Article IV 4 shall require that an adjustment in the 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 Common Shares and other shares in the capital of the Company, if any, issuable upon such exercise over and above the Common Shares and other shares in the capital of the Company, if any, issuable upon such exercise and (ii) paying such Holder holder any amount in cash in lieu of a fractional share; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such Holder a due xxxx or other appropriate instrument evidencing such Holder's right to receive such additional Common Shares, other shares and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Healthsouth Corp)

When Issuance or Payment May Be Deferred. In any case in which this Article IV shall require that an adjustment in the 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 of any Warrant exercised after such record date the Common Shares and other shares in the capital of the Company, if any, issuable upon such exercise over and above the Common Shares and other shares in the capital of the Company, if any, issuable upon such exercise and (ii) paying such Holder any amount in cash in lieu of a fractional share; PROVIDED, HOWEVER, that the Company shall deliver to such Holder a due xxxx bill or other appropriate instrument evidencing such Holder's right to receive xx xeceive such additional Common Shares, other shares and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (KMC Telecom Holdings Inc)

When Issuance or Payment May Be Deferred. In any case in which this Article IV shall require that an adjustment in the 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 of any Warrant exercised after such record date the Common Shares and other shares in the capital of the Company, if any, issuable upon such exercise over and above the Common Shares and other shares in the capital of the Company, if any, issuable upon such exercise and (ii) paying such Holder any amount in cash in lieu of a fractional share; PROVIDEDprovided, HOWEVERhowever, 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 Common Shares, other shares and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (KMC Telecom Holdings Inc)

When Issuance or Payment May Be Deferred. In any case in which this Article IV shall require that an adjustment in the 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 Common Shares Preferred Stock and other shares in the capital of the Company, if any, issuable upon such exercise over and above the Common Shares Preferred Stock and other shares in the capital of the Company, if any, issuable upon such exercise and (ii) paying such Holder holder any amount in cash in lieu of a fractional share; PROVIDEDprovided, HOWEVERhowever, that the Company shall deliver to such Holder a due xxxx or bill xx other appropriate instrument evidencing such Holder's right to receive such additional Common SharesPreferred Stock, other shares and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Knology Inc)

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