Examples of Aggregate Warrants in a sentence
No consideration shall be offered or paid to any Holder to amend or consent to a waiver, amendment or other modification of any provision of the Agreement unless the same consideration is offered to all of the holders of the outstanding Aggregate Warrants.
Notwithstanding the foregoing, nothing herein shall prevent the Company or the Parent from satisfying its obligations under the Aggregate Notes and the Aggregate Warrants.
Therefore, the Aggregate Warrants Exercise Price should not be adjusted.
Section 3.1(a)(ii)(A) of the Investment Agreement provides that the Aggregate Warrants Exercise Price should be reduced by $1.00 for each $2.00 increment by which the Final Actual EBITDA for the two year period ending May 27, 2001 was in excess of $34,300,000 (the "Target EBITDA").
In the event that the Company does not either (i) achieve Operating Income (as defined below) of at least $1.00 for the nine month period ended December 31, 1998, or (ii) raise equity capital in an amount not less than $2.5 million by December 31, 1998, then the Base Amount shall be increased to 145,000 shares, which the Company represents to equal 2.6% of the shares of capital stock outstanding on the date hereof calculated on a fully diluted basis and assuming exercise of the Aggregate Warrants.
The consent of the holders of at least two-thirds of the Aggregate Warrants represented by such Warrant Certificates may be obtained (i) in writing or (ii) at a meeting where at least 25% of the aggregate number of all Aggregate Warrants outstanding are present in person or represented by proxy.
Section 3.1(a)(ii)(B) of the Investment Agreement provides that the Aggregate Warrants Exercise Price should be increased by $0.75 for each $1.00 of direct and indirect costs, expenses and fees in excess of $250,000 that the JPE Companies spent on remediation of environmental conditions from May 27, 1999 until the date on which this Notice is delivered.
Section 3.1(a)(ii)(C) of the Investment Agreement provides for the adjustment of the Warrant Exercise Price, but not the Aggregate Warrants Exercise Price, based on the number of Warrants that JPE ultimately issued to the Bank Group.
For the purposes of this Agreement, the Holder’s “Pro Rata Share” at any time shall be the percentage calculated by dividing the number of Warrants held by the Holder at such time by the number of Aggregate Warrants (as defined below) outstanding at that time.
Subject to Subsection 14, the Warrant Certificates may only be amended with the consent of the holders of at least two-thirds of the Aggregate Warrants represented by such Warrant Certificates, in which case such amendments shall be binding on the Holder with or without its consent.