Common use of Adjustment Exceptions Clause in Contracts

Adjustment Exceptions. Anything in this Section 6 to the contrary notwithstanding, no adjustment of the Purchase Price or the number of Warrant Shares issuable upon the exercise of this Warrant shall be made upon (i) the issuance of any Warrants, (ii) the issuance of any Warrant Shares, (iii) the granting of any warrant concurrently with the granting of this Warrant, including warrants granted under the Purchase Agreement, (iv) the issuance of any shares of Common Stock upon the exercise of any warrant granted concurrently with the granting of this Warrant, including warrants granted under the Purchase Agreement, (v) the issuance of any Convertible Preferred Stock by the Company in lieu of paying cash interest on the Notes, (vi) the issuance of any shares of Common Stock upon the exchange of the Notes or conversion of any Convertible Preferred Stock issued in lieu of cash interest on the Notes or in exchange for the Notes, (vii) the issuance of rights to acquire shares of Common Stock as a result of any antidilution adjustments in any of the foregoing, (viii) the issuance of any shares of Common Stock or other options or rights to purchase stock, warrants, other securities pursuant to a Plan, and (ix) the issuance of shares of Common Stock or rights to acquire Common Stock in connection with any redemption pursuant to Article 3 of either of the Notes or in connection with any redemption of Preferred Stock.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Kevco Inc), Securities Purchase Agreement (Kevco Inc), Securities Purchase Agreement (Kevco Partners Investment Trust)

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