Adjustment for Common Stock Issue Sample Clauses

Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the Closing Price per share on the date the Company fixes the offering price of such additional shares, the number of shares of Common Stock issuable upon exercise of each Warrant shall be adjusted in accordance with the formula: N’ = N x A O + P/M where: N’ = the adjusted number of shares of Common Stock issuable upon exercise of each Warrant. N = the current number of shares of Common Stock issuable upon exercise of each Warrant. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the Closing Price per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Adjustment for Common Stock Issue. If, after the date of this Agreement, the Company issues shares of Common Stock for a consideration per share less than the current market price per share of Common Stock on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: P O + ----- M E' = E x ----------- A
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the Fair Value per share on the date the Company fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: P ----- E' = E x O + M --------------- A where: E' = the adjusted Exercise Price. E = the then current Exercise Price. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the Fair Value per share on the date of issuance of such additional shares. A = the number of shares outstanding immediately after the issuance of such additional shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to:
Adjustment for Common Stock Issue. If at any time after the date hereof, the Company issues shares of Common Stock for a consideration per share less than the Purchase Price per share, on the date such additional shares are issued, the Purchase Price shall be adjusted in accordance with the following formula: P - E1 = E x O + E ------ A where: E1 = the adjusted Purchase Price. E = the Purchase Price immediately prior to the adjustment. O = the number of shares outstanding immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares.
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock (other than shares issued pursuant to a stock option plan for officers, directors and/or employees of the Company) for a consideration per share less than the Current Market Price per share on the date the Company fixes the offering price of such additional shares, the Exercise Rate shall be adjusted so that the Exercise Rate shall be determined by multiplying the number of Warrant Shares therefore purchasable upon the exercise of each Warrant by a fraction, the numerator of which shall be the number of shares of Common Stock outstanding on the date of such issuance (including the additional shares of Common Stock being issued) and the denominator of which shall be an amount equal to the sum of (i) the total number of shares of Common Stock outstanding immediately prior to such issuance plus (ii) the number of shares which the aggregate purchase price paid for the issuance would purchase at the Current Market Price per share of Common Stock on the date of issuance. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to (w) any of the transactions described in subsections (a), (b) and (c) of this Section 12, (x) the exercise of the Warrants, or the conversion or exchange of other securities convertible or exchangeable for Common Stock, (y) Common Stock upon the exercise of rights or warrants issued to the holders of Common Stock, (z) Common Stock issued to shareholders of any person that is not affiliated with the Company and that merges into the Company in proportion to their stock holdings of such person immediately prior to such merger, upon such merger.
Adjustment for Common Stock Issue. If QES issues units or shares of Common Stock for a consideration per unit or share that is less than the Specified Value per unit or share on the date QES fixes the offering price of such additional units or shares of Common Stock, the Warrant Number shall be adjusted in accordance with the following formula: where: W’ = the adjusted Warrant Number. W = the Warrant Number immediately prior to any such issuance. O = the number of units or shares of Common Stock outstanding immediately prior to the issuance of such additional units or shares of Common Stock. P = the aggregate consideration received for the issuance of such additional units or shares of Common Stock. M = the Specified Value per unit or share of Common Stock on the date of issuance of such additional units or shares of Common Stock. A = the number of units or shares of Common Stock outstanding immediately after the issuance of such additional units or shares of Common Stock. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) does not apply to any of the transactions described in subsection (a) of this Section 10 or the issuances described below:
Adjustment for Common Stock Issue. 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. This subsection does not apply to (the "Exempt Issuances") (i) any of the transactions described in Sections 4.1 and 4.2 and the first paragraph of subsection (b) or the issuance of Common Stock upon the exercise of such rights described therein, (ii) the issuance by the Company or any of its Subsidiaries of preferred stock issued in lieu of cash dividends on the preferred stock as provided for under the terms of the applicable designations or provisions of the Company's certificate of incorporation on the date hereof, (iii) upon the exercise of rights under securities issued before the date hereof to convert, exchange or exercise such securities into shares of Common Stock, (iv) the issuance of shares of Common Stock upon the exercise of rights or warrants issued by the Company prior to the date hereof, or (v) the issuance of shares of Common Stock upon the exercise of options granted, either prior to the date hereof or in the future, to employees and directors of the Company pursuant to employee benefit plans or employee stock option plans available for grants to the Company's executives in general.
Adjustment for Common Stock Issue. If the Company issues shares of Common Stock for a consideration per share less than the current market price per share on the date the Company fixes the offering price of such additional shares, the number of Shares held by a Holder of Shares upon exercise in full of such Holder's Adjustment Right shall be determined in accordance with the following formula: N' = N x A --- O + P - M where: N' = the adjusted number of Shares which would be held by such Holder upon exercise in full of such Holder's Adjustment Right. N = the then current number of Shares held by such Holder. O = the number of shares of Common Stock outstanding on a fully diluted basis immediately prior to the issuance of such additional shares. P = the aggregate consideration received for the issuance of such additional shares. M = the current market price per share of Common Stock on the date of sale of such additional shares. A = the number of shares of Common Stock outstanding on a fully diluted basis immediately prior to the issuance of such additional shares, plus the number of shares issued in connection with such issuance. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance.
Adjustment for Common Stock Issue. If Holdings issues shares of --------------------------------- Common Stock for a consideration per share less than the Fair Market Value per share on the date Holdings fixes the offering price of such additional shares, the Exercise Price shall be adjusted in accordance with the formula: P - E' = E x O + M ------- A where: E' = the adjusted Exercise Price. E = the then current Exercise Price. O = the number of shares of Class A Common Stock outstanding immediately prior to the issuance of such additional shares (including the number of shares of Class A Common Stock issuable upon exercise, conversion or exchange of securities outstanding and vested on the date hereof convertible or exchangeable for Class A Common Stock on the date hereof). P = the aggregate consideration received for the issuance of such additional shares. M = the Fair Market Value per share of Class A Common Stock on the date of issuance of such additional shares. A = the number of shares of Class A Common Stock outstanding immediately after the issuance of such additional shares (including the number of shares of Class A Common Stock issuable upon exercise, conversion or exchange of securities outstanding and vested on the date hereof convertible or exchangeable for Class A Common Stock on the date hereof). The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance.