Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to this Section 2, the Company shall promptly mail to each Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security, the Company shall be deemed to have issued Common Stock or Common Stock equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 3 contracts
Samples: Miller Energy Resources, Inc., Miller Energy Resources, Inc., Miller Energy Resources, Inc.
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to this Section 23, the Company shall promptly mail to each Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security, despite the prohibition thereon in the Purchase Agreement, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercisedexercised in the case of a Variable Rate Transaction.
Appears in 3 contracts
Samples: Gentium S.p.A., Gentium S.p.A., Gentium S.p.A.
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 2, the Company shall promptly mail to each the Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues enters into a variable rate securityVariable Rate Transaction, despite the prohibition thereon in the Purchase Agreement, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 2 contracts
Samples: Warrant (ABC Funding, Inc), Warrant (ABC Funding, Inc)
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 23, the Company shall promptly mail to each the Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security, the Company shall be deemed to have issued Common Stock or Common Stock equivalents thereof at the lowest possible conversion or exercise price at which such securities may be converted or exercisedexercised in the case of a variable rate transaction.
Appears in 2 contracts
Samples: United Benefits & Pension Services, Inc., United Benefits & Pension Services, Inc.
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 2, the Company shall promptly mail to each the Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues enters into a variable rate securityVariable Rate Transaction, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 2 contracts
Samples: Blue Sphere Corp., Blue Sphere Corp.
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 23, the Company shall promptly mail to each the Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercisedexercised in the case of a Variable Rate Transaction.
Appears in 2 contracts
Samples: Soko Fitness & Spa Group, Inc., Eco-Stim Energy Solutions, Inc.
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 23, the Company shall promptly mail to each the Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues enters into a variable rate securityVariable Rate Transaction or MFN Transaction, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Convertible Securities at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 2 contracts
Samples: Ants Software Inc, Ants Software Inc
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 24, the Company shall promptly mail to each the Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues enters into a variable rate securityVariable Rate Transaction, despite the prohibition thereon in the Subscription Agreement, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 2 contracts
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 23, the Company shall promptly mail to each Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If In the Company issues case of a variable rate securityVariable Rate Transaction, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion effective price that the Company has actually issued such Common Stock or exercise price at which such securities may be converted or exercisedCommon Stock Equivalents.
Appears in 1 contract
Samples: Innovative Card Technologies Inc
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to this Section 23, the Company shall promptly mail to each Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercisedexercised in the case of a Variable Rate Transaction (as defined in the Purchase Agreement).
Appears in 1 contract
Samples: Relationserve Media Inc
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 23, the Company shall promptly mail to each the Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate securityany Common Stock or Common Stock Equivalents for no Net Consideration per Share, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 1 contract
Samples: Metaswarm Inc.
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to this Section 23, the Company shall promptly mail to each Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security, the Company shall be deemed to have issued Common Stock or Common Stock equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 1 contract
Samples: Miller Energy Resources, Inc.
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to this Section 23, the Company shall promptly mail to each Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security, the Company shall be deemed to have issued Common Stock or Common Stock equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercisedexercised to the extent ascertainable at the time of issuance.
Appears in 1 contract
Samples: Vemics, Inc.
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to this Section 2, the Company shall promptly mail to each Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security, the Company shall be deemed to have issued Common Stock or Common Stock common stock equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 1 contract
Samples: Knobias, Inc.
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 24, the Company shall promptly mail to each the Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercisedexercised in the case of a variable rate security.
Appears in 1 contract
Samples: China Clean Energy Inc
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 23, the Company shall promptly mail to each Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment and the method of calculating such adjustment. If the Company issues a variable rate security, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 1 contract
Samples: Pure Earth, Inc.
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 23, the Company shall promptly mail to each the Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues enters into a variable rate securityVariable Rate Transaction (as defined in the Addendum), the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 1 contract
Samples: Fitness Xpress Software Inc.
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 23, the Company shall promptly mail to each the Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues enters into a variable rate securitytransaction, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Convertible Securities at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 1 contract
Samples: Apricus Biosciences, Inc.
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 2section, the Company shall will promptly mail to each Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such the adjustment. If the Company issues a variable rate security, the Company shall will be deemed to have issued Common Stock common stock or Common Stock common stock equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercisedexercised in the case of a variable rate transaction.
Appears in 1 contract
Samples: Warrant (Bakhu Holdings, Corp.)
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to this Section 23, the Company shall promptly mail to each Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues a variable rate security, despite the prohibition thereon in the Purchase Agreement, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised, to the extent ascertainable at the time of issuance.
Appears in 1 contract
Adjustment to Exercise Price. Whenever the Exercise Price is adjusted pursuant to any provision of this Section 23, the Company shall promptly mail to each the Holder a notice setting forth the Exercise Price after such adjustment and setting forth a brief statement of the facts requiring such adjustment. If the Company issues enters into a variable rate securityVariable Rate Transaction, despite the prohibition thereon in the Exchange Agreement, the Company shall be deemed to have issued Common Stock or Common Stock equivalents Equivalents at the lowest possible conversion or exercise price at which such securities may be converted or exercised.
Appears in 1 contract
Samples: Retail Pro, Inc.