When No Adjustment Required. (a) No adjustment need be made for a transaction referred to in Sections 11.2-11.3 if Warrant holders are to participate, without requiring the Warrants to be exercised, in the transaction on a basis and with notice that the Board of Directors of the Company reasonably determines to be fair and appropriate in light of the basis and notice on which holders of ordinary shares participate in the transaction.
Appears in 6 contracts
Samples: Warrant Agreement (CIS Acquisition Ltd.), Warrant Agreement (CIS Acquisition Ltd.), Warrant Agreement (CIS Acquisition Ltd.)
When No Adjustment Required. (a) No adjustment need be made for a transaction referred to in Sections 11.2-11.3 if Warrant holders are to participate, without requiring the Warrants to be exercised, in the transaction on a basis and with notice that the Board of Directors of the Company reasonably determines to be fair and appropriate in light of the basis and notice on which holders of ordinary shares common stock participate in the transaction.
Appears in 6 contracts
Samples: Warrant Agreement (Selway Capital Acquisition Corp.), Warrant Agreement (Selway Capital Acquisition Corp.), Warrant Agreement (Selway Capital Acquisition Corp.)
When No Adjustment Required. (a) No adjustment need be made for a transaction referred to in Sections 11.2-11.3 Section 6.1 or Section 6.2 if Warrant holders are the Holder is able to participate, without requiring the Warrants to be exercised, participate in the transaction on a basis and with notice that the Board of Directors of the Company reasonably determines to be fair and appropriate in light of the basis and notice on which holders of ordinary shares Common Stock participate in the transaction.
Appears in 6 contracts
Samples: Share and Warrant Purchase Agreement (Globus Maritime LTD), Loan Agreement (Globus Maritime LTD), Loan Agreement (Globus Maritime LTD)
When No Adjustment Required. (a) No adjustment need be made for a transaction referred to in Sections 11.2-11.3 Section 6.1 if Warrant holders are the Holder is able to participate, without requiring the Warrants to be exercised, participate in the transaction on a basis and with notice that the Board of Directors of the Company reasonably determines to be fair and appropriate in light of the basis and notice on which holders of ordinary shares Common Stock participate in the transaction.
Appears in 5 contracts
Samples: Subscription Agreement (One Horizon Group, Inc.), Subscription Agreement (One Horizon Group, Inc.), Subscription Agreement (One Horizon Group, Inc.)
When No Adjustment Required. (a) No adjustment need be made for a transaction referred to in Sections 11.2-11.3 if Warrant holders are to participate, without requiring the Warrants to be exercised, in the transaction on a basis and with notice that the Board of Directors of the Company reasonably determines to be fair and appropriate in light of the basis and notice on which holders of ordinary shares Common Stock participate in the transaction.
Appears in 4 contracts
Samples: Warrant Agreement (Prime Acquisition Corp), Warrant Agreement (Prime Acquisition Corp), Warrant Agreement (Prime Acquisition Corp)
When No Adjustment Required. (a) No adjustment need be made pursuant to Section 4.01 or Section 4.02 for a transaction referred to in Sections 11.2-11.3 Section 4.01 if Warrant holders are to participate, without requiring the Warrants to be exercised, participate in the such transaction on a basis and with notice that the Board of Directors of the Company reasonably determines to be fair and appropriate in light of the basis and notice on which holders of ordinary shares Common Stock participate in the transaction.
Appears in 1 contract
Samples: Common Stock Warrant Agreement (Hawaiian Telcom Holdco, Inc.)
When No Adjustment Required. (a) No adjustment need be made for a transaction referred to in Sections 11.2-11.3 6 or 8 if Warrant holders are permitted to participate, without requiring the Warrants to be exercised, participate in the transaction on a basis and with notice that the Board of Directors of the Company reasonably determines to be is fair and appropriate in light of the basis and notice on which holders of ordinary shares Common Stock are permitted to participate in the transaction.
Appears in 1 contract
Samples: Student Advantage Inc
When No Adjustment Required. (ai) No adjustment need be made for a transaction referred to in Sections 11.2-11.3 subsections (a), (b), (c) or (d) of this Section 12.04 if Warrant holders Holders are to participate, without requiring the Warrants to be exercised, participate in the transaction on a basis and with notice that the Board of Directors of the Company reasonably determines to be fair and appropriate in light of the basis and notice on which holders of ordinary shares Common Stock of the Company participate in the transaction.
Appears in 1 contract
Samples: Indenture (United Usn Inc)
When No Adjustment Required. (ai) No adjustment need be made for a transaction referred to in Sections 11.2-11.3 subsections (a), (b), (c) or (d) of this Section 12.4 if Warrant holders Holders are to participate, without requiring the Warrants to be exercised, participate in the transaction on a basis and with notice that the Board of Directors of the Company reasonably determines to be fair and appropriate in light of the basis and notice on which holders of ordinary shares Common Stock of the Company participate in the transaction.
Appears in 1 contract
Samples: Indenture (Usn Communications Inc)
When No Adjustment Required. (a) No adjustment need be made for a transaction referred to in Sections 11.2-11.3 Section 8(a), (b) or (c) hereof, if Warrant holders Holders are to participate, participate (without requiring the Warrants being required to be exercised, exercise their Warrants) in the transaction on a basis and with written notice that the Board of Directors of the Company reasonably determines to be fair and appropriate in light of the basis and notice on which holders of ordinary shares Common Stock participate in the transaction.
Appears in 1 contract
