Lower Price definition
Examples of Lower Price in a sentence
Notwithstanding anything herein or in any other agreement to the contrary, the Company shall only be required to make a single adjustment with respect to any Lower Price Issuance, regardless of the existence of multiple basis therefore.
The provisions of this Section 3 d) shall not apply to the Exercise Price for any warrants which have been exercised by Holder prior to the date of the Lower Price Issuance.
Other than in connection with Excepted Issuances, if at any time the Notes or Warrants are outstanding, if the Company shall agree to a Lower Price Issuance, then the Conversion Price and Warrant exercise price shall automatically be reduced to such other lower price.
Notwithstanding anything herein or in any other agreement to the contrary, the Maker shall only be required to make a single adjustment with respect to any Lower Price Issuance, regardless of the existence of multiple basis therefore.
Other than in connection with Excepted Issuances, if at any time the Notes or Warrants are outstanding, if the Company shall agree to a Lower Price Issuance, then the Conversion Price and any Warrant exercise price shall automatically be reduced to such other lower price.
For avoidance of doubt, the foregoing Excepted Issuance exceptions shall only apply during the period in which anti-dilution adjustments are made for Lower Price Issuances in accordance with Section 5.3. Common Stock issued or issuable by the Company for services will be deemed to have been issued or to be issued for the value booked in the Company’s public financial statements, or as booked on the recipients 1099 or other tax reporting by the Company in connection with such issuance, whichever is higher.
At such time, all Options other than Lower Price Options shall be converted into a right to receive, upon exercise of such options (including payment of the exercise price of such options), an amount in cash equal to the product of (x) the Merger Consideration, and (y) the number of Shares issuable pursuant to the unexercised portion of such option, less any required withholding of taxes.
If at any time or from time to time after the date hereof, the Company issues shares of Common Stock for a price per share less than the then applicable Purchase Price per share (other than for Exempt Issuances (as hereinafter defined)) ("Lower Price"), on the date such additional shares are issued, the Purchase Price shall be reduced to such Lower Price.
Such adjustment shall be made successively whenever any such sale or other issuance at a Lower Price is made.
For the avoidance of doubt, if for example, the Lower Price Issuance is $0.10, then the Conversion Price shall be reduced to $0.10.