Common use of Adjustments for Dividends in Stock or Other Securities or Property Clause in Contracts

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrants, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend.

Appears in 6 contracts

Samples: Warrant Agreement (Thorn Tree Resources L L C), Warrant Agreement (Thorn Tree Resources L L C), Warrant Agreement (Thorn Tree Resources L L C)

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Adjustments for Dividends in Stock or Other Securities or Property. If If, while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpiredun-expired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividenddividend or otherwise, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon the exercise of the Warrantsthis Warrant, and without payment of any additional consideration thereforthereof, the amount of such other or additional stock or other securities or property (other than cash) as aforesaid of the Company that which such holder Holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, 9. Any adjustment under this Section 9.3 shall become effective as of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of such dividend, or in the event that no record date is fixed, upon the making of such dividend.

Appears in 6 contracts

Samples: Warrant Agreement (Pluristem Life Systems Inc), Pluristem Life Systems Inc, Pluristem Life Systems Inc

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain the Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants the Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants the Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the WarrantsWarrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or of other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) the Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividendSection.

Appears in 6 contracts

Samples: Warrant Agreement (Jones Media Networks LTD), Warrant Agreement (Jones Media Networks LTD), Warrant Agreement (Jones Media Networks LTD)

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend9.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Tyme Technologies, Inc.), Securities Purchase Agreement (Tyme Technologies, Inc.), Securities Acquisition Agreement (Tyme Technologies, Inc.)

Adjustments for Dividends in Stock or Other Securities or Property. If If, while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon the exercise of the Warrantsthis Warrant, and without payment of any additional consideration thereforthereof, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less 8. The Company agrees that so long as any portion of this Warrant remains outstanding, it shall not pay any cash dividends on any securities as to which purchase rights under this Warrant exist at the portion, if any, time without providing at least ten days prior written notice of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the such dividend.

Appears in 4 contracts

Samples: Bleach Group, Inc., WebXU, Inc., WebXU, Inc.

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefortherefore, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares Shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefortherefore, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend10.

Appears in 4 contracts

Samples: Intellectual Property Rights Agreement (Ceres, Inc.), Intellectual Property Rights Agreement (Ceres, Inc.), Ceres, Inc.

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend3.

Appears in 4 contracts

Samples: Stock Purchase Warrant (Intelepeer Inc), Stock Purchase Warrant (Intelepeer Inc), Intelepeer Inc

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.

Appears in 3 contracts

Samples: Securities Exchange Agreement (Rto Holdings Inc), Conversion and Extension Agreement (Egain Communications Corp), Purchase Agreement (Egain Communications Corp)

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend10.

Appears in 3 contracts

Samples: Denali Concrete Management Inc, Borderfree, Inc., Borderfree, Inc.

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than including cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares Shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than including cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend10.

Appears in 3 contracts

Samples: Convertible Note Purchase Agreement (Ceres, Inc.), Convertible Note Purchase Agreement (Ceres, Inc.), Ceres, Inc.

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividendperiod.

Appears in 3 contracts

Samples: Separation Agreement (Hemacare Corp /Ca/), Hemacare Corp /Ca/, Hemacare Corp /Ca/

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, or on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefortherefore, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each such case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments adjustment called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend6.

Appears in 3 contracts

Samples: Convertible Preferred Stock (Mark Capital LLC), Convertible Preferred Stock (Mark Capital LLC), Goldman Sachs Group Inc/

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants exist (including without limitation securities Warrant Shares, or any security into which such securities may be converted) at the time Warrant Shares are convertible, shall have received, or, on or after the record date fixed for the determination of eligible stockholderssecurity holders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security Warrant Shares receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder which the Holder of this Warrant would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof thereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock securities available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.

Appears in 2 contracts

Samples: Credit Agreement and Guaranty (Vapotherm Inc), Vapotherm Inc

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersStockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend.11. ----------

Appears in 2 contracts

Samples: Tomen Corp, Tomen Corp

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend13.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Fuelcell Energy Inc), NRG Energy, Inc.

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares Shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend10.

Appears in 2 contracts

Samples: Ceres, Inc., Ceres, Inc.

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersStockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend4.7.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Cheetah Oil & Gas Ltd.), Private Placement Subscription Agreement (Heartland Oil & Gas Corp)

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefortherefore, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefortherefore, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend4.

Appears in 2 contracts

Samples: Luna Innovations Inc, Luna Innovations Inc

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the then all holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend12.

Appears in 2 contracts

Samples: SPS Commerce Inc, SPS Commerce Inc

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (property, other than cash) , of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (property, other than cash) , of the Company that such holder Holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exerciseevent, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend2.

Appears in 2 contracts

Samples: Upwork Inc., Upwork Inc.

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the unexpired holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder the Holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock securities available by to it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividendperiod.

Appears in 2 contracts

Samples: Warrant Agreement (Innovative Micro Technology Inc), Innovative Micro Technology Inc

Adjustments for Dividends in Stock or Other Securities or Property. If at any time while Warrants remain this Warrant or any portion hereof remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend12.

Appears in 2 contracts

Samples: Agreement (Ratexchange Corp), Agreement (Ratexchange Corp)

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion thereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersStockholders, shall have become entitled to receive, without payment therefortherefore, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefortherefore, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder Holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend2.

Appears in 1 contract

Samples: Algos Pharmaceutical Corp

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent re resent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.

Appears in 1 contract

Samples: Egain Communications Corp

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend10.

Appears in 1 contract

Samples: Avalara Inc

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Option, or any portion hereof, remains outstanding and unexpired, . the holders of the securities as to which purchase rights under Warrants this Option exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Option shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Option, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Option on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exerciseevent, retained such shares and/or all other additional stock available by it as aforesaid during such period, . giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend7.

Appears in 1 contract

Samples: 2014 Director Stock Option Agreement (Esio Water & Beverage Development Corp.)

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof Warrant Issue Date and had thereafter, during the period from the date hereof Warrant Issue Date to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend12.

Appears in 1 contract

Samples: Enernoc Inc

Adjustments for Dividends in Stock or Other Securities or Property. If at any time while Warrants remain this Warrant or any portion hereof remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder Holder would hold on the date of such exercise had it been the holder Holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.

Appears in 1 contract

Samples: Settlement Agreement (Ratexchange Corp)

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersStockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment pay­ment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend4.7.

Appears in 1 contract

Samples: Securities Purchase Agreement (Heartland Oil & Gas Corp)

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders holder of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend6.

Appears in 1 contract

Samples: Exogen Inc

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Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersShareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend9.

Appears in 1 contract

Samples: Common Stock Warrant Exchange Agreement (Kreido Biofuels, Inc.)

Adjustments for Dividends in Stock or Other Securities or Property. If ------------------------------------------------------------------ while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such Such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.

Appears in 1 contract

Samples: Egain Communications Corp

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cashan Excluded Dividend (as defined below)) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cashcash dividends or cash distributions paid out of net profits legally available therefor (such excluded cash dividend or distribution being referred to as an "Excluded Dividend")) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend13.

Appears in 1 contract

Samples: Track N Trail Inc

Adjustments for Dividends in Stock or Other Securities or Property. If I f while Warrants remain this Warrant, or any portion thereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants case this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.

Appears in 1 contract

Samples: Vycor Medical Inc

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion thereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then then, and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by to it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend10.

Appears in 1 contract

Samples: Endorex Corp

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants Warrants, or any portion thereof, remain outstanding and unexpired, the holders of the securities as to which purchase rights under the Warrants exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrants, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it he been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) a Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend12.

Appears in 1 contract

Samples: Warrant Agreement (Cuidao Holding Corp)

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion thereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend12.

Appears in 1 contract

Samples: Vycor Medical Inc

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security Warrant Stock receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold be entitled to receive on the date of such exercise dividend had it been the holder of record of the security Warrant Stock receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.

Appears in 1 contract

Samples: Glu Mobile Inc

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, such stockholder shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.

Appears in 1 contract

Samples: Leadis Technology Inc

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersStockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less 11. Any adjustment under this Section 11.3 shall become effective at the portion, if any, close of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of business on the Warrant by date the Registered Holder and disposed of prior to the record date of the dividenddividend becomes effective.

Appears in 1 contract

Samples: First Wave BioPharma, Inc.

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security securities receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by to it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend5.

Appears in 1 contract

Samples: Stockholders Agreement (Techsys Inc)

Adjustments for Dividends in Stock or Other Securities or Property. If If, while Warrants remain this Warrant or any portion hereof remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividenddividend or otherwise, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividendARTICLE 3.

Appears in 1 contract

Samples: GlobalOptions Group, Inc.

Adjustments for Dividends in Stock or Other Securities or Property. If If, while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, or on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receivereceive by way of dividend, without payment therefortherefore, other or additional stock or other securities or property (other than cash) of the Company by way of dividendCompany, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of such security in respect of which the security receivable upon exercise of Warrants (dividend shall have been or upon such conversion) be payable on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend5.

Appears in 1 contract

Samples: Consulting Agreement (Seec Inc)

Adjustments for Dividends in Stock or Other Securities or Property. If at any time on or after the date hereof and while Warrants remain this Warrant remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, or on or after the record date fixed for the determination of eligible stockholders, stockholders shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividenddividend or other distribution in respect of the Class A Common Stock, then then, and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrants, this Warrant and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less 12, and, from and after the portion, if any, date of such other distribution, the Company shall hold and set aside (or additional stock or other securities or cause to be held and set aside in a commercially reasonable manner) an amount of such property (other than cash) attributable equal to shares that were acquired by exercise of the Warrant by the Registered Holder’s pro rata portion thereof for distribution to Holder and disposed of prior to the record date of the dividendpursuant hereto.

Appears in 1 contract

Samples: Celularity Inc

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by to it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.

Appears in 1 contract

Samples: High Speed Access Corp

Adjustments for Dividends in Stock or Other Securities or Property. If If, while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersStockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon the exercise of the Warrantsthis Warrant, and without payment of any additional consideration thereforthereof, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend10.

Appears in 1 contract

Samples: Employment Continuation Agreement (Sanctuary Woods Multimedia Corp)

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion thereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants case this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.

Appears in 1 contract

Samples: Vycor Medical Inc

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion thereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend12.

Appears in 1 contract

Samples: CSG Systems International Inc

Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants Warrants, or any portion thereof, remain outstanding and unexpired, the holders of the securities as to which purchase rights under the Warrants exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrants, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it he been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) a Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.

Appears in 1 contract

Samples: Warrant Agreement (Accelacorp 1 Inc)

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