Common use of Adjustment for Common Stock Issue Clause in Contracts

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 Warrant Price shall be adjusted in accordance with the formula: P - W' = W x O + M ------ A Where: W' = the adjusted Warrant Price W = the then current Warrant 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 current market 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 after such issuance. This subsection (d) does not apply to:

Appears in 4 contracts

Samples: Warrant Agreement (Talton Invision Inc), Warrant Agreement (Talton Invision Inc), Warrant Agreement (Talton Invision Inc)

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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 Warrant Price shall be adjusted in accordance with the formula: P - W' = W x O + M ------ A Where: W' = the adjusted Warrant Price W = the then current Warrant 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 current market 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 after such issuance. This subsection (d) does not apply to:

Appears in 4 contracts

Samples: Warrant Agreement (Talton Invision Inc), Warrant Agreement (Talton Invision Inc), Warrant Agreement (Talton Invision Inc)

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 Warrant Price shall be adjusted in accordance with the formula: P - W' = W x O + M ------ ----- A Where: W' = the adjusted Warrant Price W = the then current Warrant 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 current market 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 after such issuance. This subsection (d) does not apply to:

Appears in 3 contracts

Samples: Warrant Agreement (Talton Invision Inc), Warrant Agreement (Talton Invision Inc), Warrant Agreement (Talton Invision Inc)

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 Warrant Exercise Price shall be adjusted in accordance with the formula: P - WE' = W E x O + M ------ -------- A Wherewhere: WE' = the adjusted Warrant Price W Exercise Price. E = the then current Warrant Price Exercise Price. O = the number of shares outstanding immediately prior to the issuance of such additional shares shares. P = the aggregate consideration received for the issuance of such additional shares shares. M = the current market price per share on the date of issuance of such additional shares shares. A = the number of shares outstanding immediately after the issuance of such additional shares 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:

Appears in 3 contracts

Samples: Warrant Agreement (Koll Donald M), Warrant Agreement (Wirta Raymond E), Warrant Agreement (White W Brett)

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 Warrant Exercise Price shall be adjusted in accordance with the formula: P - WE' = W E x O + ( P) M ------ A Wherewhere: WE' = the adjusted Warrant Price W Exercise Price. E = the then current Warrant Exercise Price immediately prior to the adjustment. O = the number of shares outstanding immediately prior to the issuance of such additional shares shares. P = the aggregate consideration received for the issuance of such additional shares shares. M = the current market price per share on the date of issuance of such additional shares shares. A = the number of shares outstanding immediately after the issuance of such additional shares 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:

Appears in 3 contracts

Samples: Warrant Agreement (Moscow Cablecom Corp), Form of Warrant Agreement (Moscow Cablecom Corp), Warrant Agreement (Moscow Telecommunications Corp)

Adjustment for Common Stock Issue. If the Company issues shares of --------------------------------- Common Stock for a consideration per share less than the current market price Fair Value per share on the date the Company fixes the offering price of such additional shares, the Warrant Exercise Price shall be adjusted in accordance with the formula: P - W---- E' = W E x O + M ------ ----------- A Wherewhere: WE' = the adjusted Warrant Price W Exercise Price. E = the then current Warrant Price Exercise Price. O = the number of shares outstanding immediately prior to the issuance of such additional shares shares. P = the aggregate consideration received for the issuance of such additional shares shares. M = the current market price Fair Value per share on the date of issuance of such additional shares shares. A = the number of shares outstanding immediately after the issuance of such additional shares 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:

Appears in 2 contracts

Samples: Class B Warrant Agreement (Osullivan Industries Holdings Inc), Warrant Agreement (Insilco Holding Co)

Adjustment for Common Stock Issue. If the Company issues shares of --------------------------------- Common Stock for a consideration per share less than the current market price Fair Value per share on the date the Company fixes the offering price of such additional shares, the Warrant Exercise Price shall be adjusted in accordance with the formula: P - WO + --- M E' = W E x O + M ------ ------- A Wherewhere: WE' = the adjusted Warrant Price W Exercise Price. E = the then current Warrant Price Exercise Price. O = the number of shares outstanding immediately prior to the issuance of such additional shares shares. P = the aggregate consideration received for the issuance of such additional shares shares. M = the current market price Fair Value per share on the date of issuance of such additional shares shares. A = the number of shares outstanding immediately after the issuance of such additional shares 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:

Appears in 2 contracts

Samples: Warrant Agreement (Horizon Personal Communications Inc), Warrant Agreement (Airgate Wireless Inc)

Adjustment for Common Stock Issue. If the Company issues shares of Common --------------------------------- 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 Warrant Price shall be adjusted in accordance with the formula: P - W' = W x O + M ------ A Where: W' = the adjusted Warrant Price W = the then current Warrant 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 current market 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 after such issuance. This subsection (d) does not apply to:

Appears in 2 contracts

Samples: Warrant Agreement (Talton Invision Inc), Warrant Agreement (Talton Invision Inc)

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 Warrant Price conversion price shall be adjusted in accordance with the formula: P - W' = W x O + -- M ------ A Where: W' C1 = C X -------- N where C1 = the adjusted Warrant Price W conversion price. C = the then current Warrant Price conversion price. O = the number of shares outstanding immediately prior to the issuance of such additional shares shares. P = the aggregate consideration received for the issuance of such additional shares shares. M = the current market price per share on the date of issuance of such additional shares shares. A = the number of shares outstanding immediately after the issuance of such additional shares shares. The adjustment shall be made successively whenever any such issuance is made, and shall become effective immediately after such issuance. This subsection (d) Section does not apply to:to (i) any of the transactions described in Sections 10.07 and 10.08, (ii) the conversion of Securities, or the conversion or exchange of other securities convertible or exchangeable for Common Stock,

Appears in 1 contract

Samples: Rights Agreement

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 Warrant Exercise Price shall be adjusted in accordance with the formula: P - WE' = W E x O + M ------ --------- A Wherewhere: WE' = the adjusted Warrant Price W Exercise Price. E = the then current Warrant Price Exercise Price. O = the number of shares outstanding immediately prior to the issuance of such additional shares shares. P = the aggregate consideration received for the issuance of such additional shares shares. M = the current market price per share on the date of issuance of such additional shares shares. A = the number of shares outstanding immediately after the issuance of such additional shares 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:

Appears in 1 contract

Samples: Warrant Agreement (Wardlaw William M)

Adjustment for Common Stock Issue. If the Company issues shares of --------------------------------- Common Stock for a consideration per share less than the current market price Fair Value per share on the date the Company fixes the offering price of such additional shares, the Warrant Exercise Price shall be adjusted in accordance with the formula: P - W--- E' = W x E X O + M ------ ----------- A Wherewhere: WE' = the adjusted Warrant Price W Exercise Price. E = the then current Warrant Price Exercise Price. O = the number of shares outstanding immediately prior to the issuance of such additional shares shares. P = the aggregate consideration received for the issuance of such additional shares shares. M = the current market price Fair Value per share on the date of issuance of such additional shares shares. A = the number of shares outstanding immediately after the issuance of such additional shares 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:

Appears in 1 contract

Samples: Warrant Agreement (American Tower Corp /Ma/)

Adjustment for Common Stock Issue. If the Company issues shares of --------------------------------- Common Stock for a consideration per share less than the current market price Fair Value per share on the date the Company fixes the offering price of such additional shares, the Warrant Exercise Price shall be adjusted in accordance with the formula: P - WE' = W E x O + M ------ ----------- A Wherewhere: WE' = the adjusted Warrant Price W Exercise Price. E = the then current Warrant Price Exercise Price. O = the number of shares outstanding immediately prior to the issuance of such additional shares shares. P = the aggregate consideration received for the issuance of such additional shares shares. M = the current market price Fair Value per share on the date of issuance of such additional shares shares. A = the number of shares outstanding immediately after the issuance of such additional shares 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:

Appears in 1 contract

Samples: Warrant Agreement (Quaker Holding Co)

Adjustment for Common Stock Issue. If the Company issues shares of --------------------------------- Common Stock for a consideration per share less than the current market price Fair Value per share on the date the Company fixes the offering price of such additional shares, the Warrant Exercise Price shall be adjusted in accordance with the formula: P - WE' = W E x O + M ------ A Where------------------- where: WE' = the adjusted Warrant Price W Exercise Price. E = the then current Warrant Price Exercise Price. O = the number of shares outstanding immediately prior to the issuance of such additional shares shares. P = the aggregate consideration received for the issuance of such additional shares shares. M = the current market price Fair Value per share on the date of issuance of such additional shares shares. A = the number of shares outstanding immediately after the issuance of such additional shares 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:

Appears in 1 contract

Samples: Warrant Agreement (Insilco Holding Co)

Adjustment for Common Stock Issue. If the Company issues shares of --------------------------------- Common Stock for a consideration per share less than the current market price Fair Value per share on the date the Company fixes the offering price of such additional shares, the Warrant Exercise Price shall be adjusted in accordance with the formula: P - W--- E' = W E x O + M ------ ------------ A Wherewhere: WE' = the adjusted Warrant Price W Exercise Price. E = the then current Warrant Price Exercise Price. O = the number of shares outstanding immediately prior to the issuance of such additional shares shares. P = the aggregate consideration received for the issuance of such additional shares shares. M = the current market price Fair Value per share on the date of issuance of such additional shares shares. A = the number of shares outstanding immediately after the issuance of such additional shares 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:

Appears in 1 contract

Samples: Warrant Agreement (Charles River Laboratories Holdings Inc)

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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 Warrant Price shall be adjusted in accordance with the formula: P - ------------------ W' = W x O + M ------ ------------------ A Where: W' = the adjusted Warrant Price W = the then current Warrant 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 current market 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 after such issuance. This subsection (d) does not apply to:

Appears in 1 contract

Samples: Warrant Agreement (Evercom Inc)

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 Warrant Exercise Price shall be adjusted in accordance with the formula: P - W_ E' = W E x O + M ------ ______ A Wherewhere: WE' = the adjusted Warrant Price W Exercise Price. E = the then current Warrant Price Exercise Price. O = the number of shares outstanding immediately prior to the issuance of such additional shares shares. P = the aggregate consideration received for the issuance of such additional shares shares. M = the current market price per share on the date of issuance of such additional shares shares. A = the number of shares outstanding immediately after the issuance of such additional shares 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:

Appears in 1 contract

Samples: Warrant Agreement (Blum Capital Partners Lp)

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 Warrant Exercise Price shall be adjusted in accordance with the formula: P - WE' = W E x O + M ------ ----- A Wherewhere: WE' = the adjusted Warrant Price W Exercise Price. E = the then current Warrant Price Exercise Price. O = the number of shares outstanding immediately prior to the issuance of such additional shares shares. P = the aggregate consideration received for the issuance of such additional shares shares. M = the current market price per share on the date of issuance of such additional shares shares. A = the number of shares outstanding immediately after the issuance of such additional shares 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:

Appears in 1 contract

Samples: Warrant Agreement (Fs Equity Partners Iii Lp)

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 Warrant Exercise Price shall be adjusted in accordance with the formula: P - WE' = W E x O + M ------ ----------- A Wherewhere: WE' = the adjusted Warrant Price W Exercise Price. E = the then current Warrant Price Exercise Price. O = the number of shares outstanding immediately prior to the issuance of such additional shares shares. P = the aggregate consideration received for the issuance of such additional shares shares. M = the current market price per share on the date of issuance of such additional shares shares. A = the number of shares outstanding immediately after the issuance of such additional shares 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:

Appears in 1 contract

Samples: Warrant Agreement (Blum Capital Partners Lp)

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 Warrant Price shall be adjusted in accordance with the formula: P - W' = W x --------- O + M ------ --------- A Where: W' = the adjusted Warrant Price W = the then current Warrant 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 current market 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 after such issuance. This subsection (d) does not apply to:

Appears in 1 contract

Samples: Warrant Agreement (Evercom Inc)

Adjustment for Common Stock Issue. If the Company issues shares of --------------------------------- Common Stock for a consideration per share less than the current market price Fair Value per share on the date the Company fixes receives the offering price of such additional shares, the Warrant Exercise Price shall be adjusted in accordance with the formula: P - W--- E' = W E x O + M ------ ---------- A Wherewhere: WE' = the adjusted Warrant Price W Exercise Price. E = the then current Warrant Price Exercise Price. O = the number of shares outstanding immediately prior to the issuance of such additional shares shares. P = the aggregate consideration received for the issuance of such additional shares shares. M = the current market price Fair Value per share on the date of issuance of such additional shares shares. A = the number of shares outstanding immediately after the issuance of such additional shares 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:

Appears in 1 contract

Samples: Warrant Agreement (Ffi International Inc)

Adjustment for Common Stock Issue. If the Company issues shares of --------------------------------- Common Stock for a consideration per share less than the current market price Fair Value per share on the date the Company fixes the offering price of such additional shares, the Warrant Exercise Price shall be adjusted in accordance with the formula: O + P - W--- M E' = W E x O + M ------ A Wherewhere: WE' = the adjusted Warrant Price W Exercise Price. E = the then current Warrant Price Exercise Price. O = the number of shares outstanding immediately prior to the issuance of such additional shares shares. P = the aggregate consideration received for the issuance of such additional shares shares. M = the current market price Fair Value per share on the date of issuance of such additional shares shares. A = the number of shares outstanding immediately after the issuance of such additional shares 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:

Appears in 1 contract

Samples: Warrant Agreement (Independent Wireless One Corp)

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 Warrant Exercise Price shall be adjusted in accordance with the formula: P - WE' = W E x O + M ------ A Wherewhere: WE' = the adjusted Warrant Price W Exercise Price. E = the then current Warrant Price Exercise Price. O = the number of shares outstanding immediately prior to the issuance of such additional shares shares. P = the aggregate consideration received for the issuance of such additional shares shares. M = the current market price per share on the date of issuance of such additional shares shares. A = the number of shares outstanding immediately after the issuance of such additional shares 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:

Appears in 1 contract

Samples: Warrant Agreement (Cbre Holding Inc)

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