Common use of Adjustment of Exercise Price and Number of Shares of Common Stock Deliverable Clause in Contracts

Adjustment of Exercise Price and Number of Shares of Common Stock Deliverable. (a) Except as hereinafter provided, in the event the Company shall, at any time or from time to time after the date hereof and during the term of the Warrants, issue or sell any shares of Common Stock for a consideration per share less than the Exercise Price or issue any shares of Common Stock as a stock dividend to the holders of Common Stock, or subdivide or combine the outstanding shares of Common Stock into a greater or lesser number of shares (any such issuance, subdivision or combination being herein called a "Change of Shares"), then, and thereafter upon each further Change of Shares, the Exercise Price for the Warrants (whether or not the same shall be issued and outstanding) in effect immediately prior to such Change of Shares shall be changed to a price (including any applicable fraction of a cent to the nearest cent) determined by dividing (i) the sum of (a) the total number of shares of Common Stock outstanding immediately prior to such Change of Shares, multiplied by the Exercise Price in effect immediately prior to such Change of Shares and (b) the consideration, if any, received by the Company upon such sale, issuance, subdivision or combination, by (ii) the total number of shares of Common Stock outstanding immediately after such Change of Shares; provided, however, that in no event shall the Exercise Price be adjusted pursuant to this computation to an amount in excess of the Exercise Price in effect immediately prior to such computation, except in the case of a combination of outstanding shares of Common Stock. For the purposes of any adjustment to be made in accordance with this Section 8(a), the following provisions shall be applicable:

Appears in 4 contracts

Samples: Warrant Agreement (Us Golf & Entertainment Inc), Warrant Agreement (Casull Arms Corp), Warrant Agreement (Thermoenergy Corp)

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Adjustment of Exercise Price and Number of Shares of Common Stock Deliverable. (aA)(i) Except as hereinafter provided, in the event the Company shall, at any time or from time to time after the date hereof and during the term of the Warrantshereof, issue or sell any shares of Common Stock for a consideration per share less than the Exercise Price or issue any shares of Common Stock as a stock dividend to the holders of Common Stock, or subdivide or combine the outstanding shares of Common Stock into a greater or lesser number of shares (any such issuance, subdivision or combination being herein called call a "Change of Shares"), then, and thereafter upon each further Change of Shares, the Exercise Price for of the Warrants (whether or not Common Stock issuable upon the same shall be issued exercise of the Warrant and outstanding) the Redeemable Warrant in effect immediately prior to such Change of Shares shall be changed to a price (including any applicable fraction of a cent to the nearest cent) determined by dividing (i) the sum of (a) the total number of shares of Common Stock outstanding immediately prior to such Change of Shares, multiplied by the Exercise Price in effect immediately prior to such Change of Shares Shares, and (b) the consideration, if any, received by the Company upon such sale, issuance, subdivision or combination, combination by (ii) the total number of shares of Common Stock outstanding immediately after such Change of Shares; provided, however, that in no event shall the Exercise Price be adjusted pursuant to this computation to an amount in excess of the Exercise Price in effect immediately prior to such computation, except in the case of a combination of outstanding shares of Common Stock. For the purposes of any adjustment to be made in accordance with this Section 8(a), (g) the following provisions shall be applicable:

Appears in 4 contracts

Samples: Implant Science Corp, Immtech International Inc, Implant Sciences Corp

Adjustment of Exercise Price and Number of Shares of Common Stock Deliverable. (a) Except as hereinafter provided, in the event the Company shall, at any time or from time to time after the date hereof and during the term of the Warrants, issue or sell any shares of Common Stock for a consideration per share less than the Exercise Price or issue any shares of Common Stock as a stock dividend to the holders of Common Stock, or subdivide or combine the outstanding shares of Common Stock into a greater or lesser number of shares (any such issuance, subdivision subdivision, or combination being herein called a "Change of Shares"), then, and thereafter upon each further Change of Shares, the Exercise Price for the Charitable Benefit Warrants (whether or not the same shall be issued and outstanding) in effect immediately prior to such Change of Shares shall be changed to a price (including any applicable fraction of a cent to the nearest cent) determined by dividing (i) the sum of (a) the total number of shares of Common Stock outstanding immediately prior to such Change of Shares, multiplied by the Exercise Price in effect immediately prior to such Change of Shares and (b) the consideration, if any, received by the Company upon such sale, issuance, subdivision subdivision, or combination, by (ii) the total number of shares of Common Stock outstanding immediately after such Change of Shares; provided, however, that in no event shall the Exercise Price be adjusted pursuant to this computation to an amount in excess of the Exercise Price in effect immediately prior to such computation, except in the case of a combination of outstanding shares of Common Stock. For the purposes of any adjustment to be made in accordance with this Section 8(a), the following provisions shall be applicable:

Appears in 3 contracts

Samples: Charitable Benefit Warrant Agreement (Ixion Biotechnology Inc), Charitable Benefit Warrant Agreement (Ixion Biotechnology Inc), Charitable Benefit Warrant Agreement (Ixion Biotechnology Inc)

Adjustment of Exercise Price and Number of Shares of Common Stock Deliverable. (aA) (i) Except as hereinafter provided, in the event the Company shall, at any time or from time to time after the date hereof and during the term of the Warrantshereof, issue or sell any shares of Common Stock for a consideration per share less than the Exercise Price or issue any shares of Common Stock as a stock dividend to the holders of Common Stock, or subdivide or combine the outstanding shares of Common Stock into a greater or lesser number of shares (any such issuance, subdivision or combination being herein called call a "Change of Shares"), then, and thereafter upon each further Change of Shares, the Exercise Price for of the Warrants (whether or not Common Stock issuable upon the same shall be issued exercise of the Warrant and outstanding) the Redeemable Warrant in effect immediately prior to such Change of Shares shall be changed to a price (including any applicable fraction of a cent to the nearest cent) determined by dividing (i) the sum of (a) the total number of shares of Common Stock outstanding immediately prior to such Change of Shares, multiplied by the Exercise Price in effect immediately prior to such Change of Shares Shares, and (b) the consideration, if any, received by the Company upon such sale, issuance, subdivision or combination, combination by (ii) the total number of shares of Common Stock outstanding immediately after such Change of Shares; providedPROVIDED, howeverHOWEVER, that in no event shall the Exercise Price be adjusted pursuant to this computation to an amount in excess of the Exercise Price in effect immediately prior to such computation, except in the case of a combination of outstanding shares of Common Stock. For the purposes of any adjustment to be made in accordance with this Section 8(a), (7) the following provisions shall be applicable:

Appears in 2 contracts

Samples: Genetic Vectors Inc, Genetic Vectors Inc

Adjustment of Exercise Price and Number of Shares of Common Stock Deliverable. (a) Except as hereinafter provided, in the event the Company shall, at any time or from time to time after the date hereof and during the term of the Warrants, issue or sell any shares of Common Stock for a consideration per share less than the Exercise Price or issue any shares of Common Stock as a stock dividend to the holders of Common Stock, or subdivide or combine the outstanding shares of Common Stock into a greater or lesser number of shares (any such issuance, subdivision or combination being herein called a "Change of Shares"), then, and thereafter upon each further Change of Shares, the Exercise Price for the Warrants (whether or not the same shall be issued and outstanding) in effect immediately prior to such Change of Shares shall be changed to a price (including any applicable fraction of a cent to the nearest cent) determined by dividing (i) the sum of (a) the total number of shares of Common Stock outstanding immediately prior to such Change of Shares, multiplied by the Exercise Price in effect immediately prior to such Change of Shares and (b) the consideration, if any, received by the Company upon such sale, issuance, subdivision or combination, by (ii) the total number of shares of Common Stock outstanding immediately after such Change of Shares; provided, however, that in no event shall the Exercise Price be adjusted pursuant to this computation to an amount in excess of the Exercise Price in effect immediately prior to such computation, except in the case of a combination of outstanding shares of Common Stock. For the purposes of any adjustment to be made in accordance with this Section 8(a), the following provisions shall be applicable:

Appears in 2 contracts

Samples: Warrant Agreement (Color Imaging Inc), Warrant Agreement (Color Imaging Inc)

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Adjustment of Exercise Price and Number of Shares of Common Stock Deliverable. (a) Except as hereinafter provided, in the event the Company shall, at any time or from time to time after the date hereof and during the term of the Warrants, issue or sell any shares of Common Stock for a consideration per share less than the Exercise Price or issue any shares of Common Stock as a stock dividend to the holders of Common Stock, or subdivide or combine the outstanding shares of Common Stock into a greater or lesser number of shares (any such issuance, subdivision or combination being herein called a "Change of Shares"), then, and thereafter upon each further Change of Shares, the Exercise Price for the Warrants (whether or not the same shall be issued and outstanding) in effect immediately prior to such Change of Shares shall be changed to a price (including any applicable fraction of a cent to the nearest cent) determined by dividing (i) the sum of (a) the total number of shares of Common Stock outstanding immediately prior to such Change of Shares, multiplied by the Exercise Price in effect immediately prior to such Change of Shares and (b) the consideration, if any, received by the Company upon such sale, issuance, subdivision or combination, by (ii) the total number of shares of Common Stock outstanding immediately after such Change of Shares; providedPROVIDED, howeverHOWEVER, that in no event shall the Exercise Price be adjusted pursuant to this computation to an amount in excess of the Exercise Price in effect immediately prior to such computation, except in the case of a combination of outstanding shares of Common Stock. For the purposes of any adjustment to be made in accordance with this Section 8(a), the following provisions shall be applicable:

Appears in 2 contracts

Samples: Agreement (Casull Arms Corp), Agreement (Casull Arms Corp)

Adjustment of Exercise Price and Number of Shares of Common Stock Deliverable. (aA)(i) Except as hereinafter provided, in the event the Company shall, at any time or from time to time after the date hereof and during the term of the Warrantshereof, issue or sell any shares of Common Stock for a consideration per share less than the Exercise Price or issue any shares of Common Stock as a stock dividend to the holders of Common Stock, or subdivide or combine the outstanding shares of Common Stock into a greater or lesser number of shares (any such issuance, subdivision or combination being herein called call a "Change of Shares"), then, and thereafter upon each further Change of Shares, the Exercise Price for of the Warrants (whether or not Common Stock issuable upon the same shall be issued exercise of the Warrant and outstanding) the Redeemable Warrant in effect immediately prior to such Change of Shares shall be changed to a price (including any applicable fraction of a cent to the nearest cent) determined by dividing (i) the sum of (a) the total number of shares of Common Stock outstanding immediately prior to such Change of Shares, multiplied by the Exercise Price in effect immediately prior to such Change of Shares Shares, and (b) the consideration, if any, received by the Company upon such sale, issuance, subdivision or combination, combination by (ii) the total number of shares of Common Stock outstanding immediately after such Change of Shares; providedPROVIDED, howeverHOWEVER, that in no event shall the Exercise Price be adjusted pursuant to this computation to an amount in excess of the Exercise Price in effect immediately prior to such computation, except in the case of a combination of outstanding shares of Common Stock. For the purposes of any adjustment to be made in accordance with this Section 8(a), (7) the following provisions shall be applicable:

Appears in 1 contract

Samples: Investors Capital Holdings LTD

Adjustment of Exercise Price and Number of Shares of Common Stock Deliverable. (a) Except as hereinafter provided, in the event the Company shall, at any time or from time to time after the date hereof and during the term of the Warrants, issue or sell any shares of Common Stock for a consideration per share less than the Exercise Price or issue any shares of Common Stock as a stock dividend to the holders of Common Stock, or subdivide or combine the outstanding shares of Common Stock into a greater or lesser number of shares (any such issuance, subdivision or combination being herein called a "Change of Shares"), then, and thereafter upon each further Change of Shares, the Exercise Price for the Warrants (whether or not the same shall be issued and outstanding) in effect immediately prior to such Change of Shares shall be changed to a price (including any applicable fraction of a cent to the nearest cent) determined by dividing (i) the sum of (a) the total number of shares of Common Stock outstanding immediately prior to such Change of Shares, multiplied by the Exercise Price in effect immediately prior to such Change of Shares and (b) the consideration, if any, received by the Company upon such sale, issuance, subdivision or combination, by (ii) the total number of shares of Common Stock outstanding immediately after such Change of Shares; providedPROVIDED, howeverHOWEVER, that in no event shall the Exercise Price be adjusted pursuant to this computation to an amount in excess of the Exercise Price in effect immediately prior to such computation, except in the case of a combination of outstanding shares of Common Stock. For the purposes of any adjustment to be made in accordance with this Section 8(a), the following provisions shall be applicable:;

Appears in 1 contract

Samples: Warrant Agreement (Alaron Com Holding Corp)

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