Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 65 contracts
Samples: Securities Purchase Agreement (Tablemax Corp), Securities Purchase Agreement (Ignyta, Inc.), Securities Purchase Agreement (Cardica Inc)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 45 contracts
Samples: Securities Purchase Agreement (MRV Communications Inc), Securities Purchase Agreement (Zoo Entertainment, Inc), Securities Purchase Agreement (CareDx, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 38 contracts
Samples: Securities Purchase Agreement (StoneCastle Financial Corp.), Securities Purchase Agreement (Earthshell Corp), Securities Purchase Agreement (Solar Thin Films, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution to all stockholders of the Company payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 23 contracts
Samples: Securities Purchase Agreement (Torchlight Energy Resources Inc), Securities Purchase Agreement (Progenity, Inc.), Securities Purchase Agreement (American Standard Energy Corp.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Company Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Company Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 11 contracts
Samples: Securities Purchase Agreement (Akerna Corp.), Securities Issuance Agreement (Ziopharm Oncology Inc), Securities Purchase Agreement (Taysha Gene Therapies, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed amended appropriately to be amended to appropriately account for such event.
Appears in 8 contracts
Samples: Secured Convertible Note Purchase (Acer Therapeutics Inc.), Unit Purchase Agreement (Vertex Energy Inc.), Common Stock Purchase Agreement (Fusion Telecommunications International Inc)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock Shares (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common StockShares), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Global Epoint Inc), Securities Purchase Agreement (American Realty Capital Properties, Inc.), Securities Purchase Agreement (Global Epoint Inc)
Adjustments in Share Numbers and Prices. In the event --------------------------------------- of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.. * * * * * * * * *
Appears in 6 contracts
Samples: Securities Purchase Agreement (Applied Digital Solutions Inc), Securities Purchase Agreement (Applied Digital Solutions Inc), Securities Purchase Agreement (Applied Digital Solutions Inc)
Adjustments in Share Numbers and Prices. (a) In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement or the Warrants to a number of shares or a price per share shall be deemed amended appropriately to be amended to appropriately account for such event.
Appears in 6 contracts
Samples: Common Stock and Warrant Purchase Agreement (Pw Eagle Inc), Common Stock and Warrant Purchase Agreement (Magnegas Corp), Common Stock and Warrant Purchase Agreement (Pacific Grove Capital LP)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 5 contracts
Samples: Securities Purchase Agreement (TherapeuticsMD, Inc.), Securities Purchase Agreement (Paulson Capital (Delaware) Corp.), Subscription Agreement (Protara Therapeutics, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any the Transaction Document Documents to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 5 contracts
Samples: Common Stock Purchase Agreement (Entremed Inc), Common Stock Purchase Agreement (Targeted Genetics Corp /Wa/), Common Stock Purchase Agreement (Entremed Inc)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Tyra Biosciences, Inc.), Securities Purchase Agreement (Gossamer Bio, Inc.), Securities Purchase Agreement (CervoMed Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.. [SIGNATURE PAGES TO FOLLOW]
Appears in 5 contracts
Samples: Securities Purchase Agreement (Western Goldfields Inc), Securities Purchase Agreement (Western Goldfields Inc), Securities Purchase Agreement (Alanco Technologies Inc)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (Shares or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock)Share Equivalents, combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 4 contracts
Samples: Series B Preferred Stock Purchase Agreement (Alpine Group Inc /De/), Series B Preferred Stock Purchase Agreement (Wolverine Tube Inc), Series B Preferred Stock Purchase Agreement (Plainfield Special Situations Master Fund Ltd.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement or the Warrants to a number of shares or a price per share shall be deemed amended appropriately to be amended to appropriately account for such event.
Appears in 4 contracts
Samples: Stock and Warrant Purchase Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp), Convertible Note and Warrant Purchase Agreement (Quantum Fuel Systems Technologies Worldwide, Inc.), Warrant Purchase Agreement (Accelerize Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock Shares (or other securities or rights convertible into, or entitling the holder thereof to receive receive, directly or indirectly shares of indirectly, Common StockShares), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Wca Waste Corp), Preferred Stock Purchase Agreement (Global BPO Services Corp), Preferred Stock Purchase Agreement (Hanger Orthopedic Group Inc)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination combination, recapitalization, merger, consolidation or other reorganization or similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document to the Shares, a number of shares or shares, a price per share or the class or type of securities with respect to the Shares shall be deemed to be amended to appropriately account for such event.
Appears in 4 contracts
Samples: Subscription Agreement (Celladon Corp), Subscription Agreement (InterWest Partners IX, LP), Subscription Agreement (Opexa Therapeutics, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend dividend, or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed amended appropriately to be amended to appropriately account for such event.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Mattersight Corp), Common Stock Purchase Agreement (Mattersight Corp), Stock Purchase Agreement (OptimizeRx Corp)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares share of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares share of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 3 contracts
Samples: Registration Rights Agreement (GTX Inc /De/), Stock Purchase Agreement (Foxhollow Technologies, Inc.), Stock Purchase Agreement (Merck & Co Inc)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, and before the Closing Date, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Tutogen Medical Inc), Securities Purchase Agreement (International Fight League, Inc.), Securities Purchase Agreement (International Fight League, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock share split, subdivision, dividend or distribution payable in shares of Common Stock Shares (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common StockShares), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such eventevent (if not otherwise adjusted in respect of such event in accordance with this Agreement or the Note).
Appears in 3 contracts
Samples: Securities Purchase Agreement (Hale Martin M Jr), Securities Purchase Agreement (Top Image Systems LTD), Securities Purchase Agreement (Top Image Systems LTD)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), reverse stock split, combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Corindus Vascular Robotics, Inc.), Securities Purchase Agreement (Hudson Executive Capital LP), Securities Purchase Agreement (Corindus Vascular Robotics, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement to a the number of shares or a price per share Common Shares and the Per Share Purchase Price shall be deemed to be amended to appropriately account for such event.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Alliqua, Inc.), Securities Purchase Agreement (Celgene Corp /De/), Securities Purchase Agreement (Alliqua, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of the Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of the Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 2 contracts
Samples: Securities Purchase Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp), Securities Purchase Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and before the Closing Date, each reference in any Transaction Document herein to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Blue Rhino Corp), Securities Purchase Agreement (Blue Rhino Corp)
Adjustments in Share Numbers and Prices. (a) In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed amended appropriately to be amended to appropriately account for such event.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Drone Aviation Holding Corp.), Common Stock Purchase Agreement (Location Based Technologies, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the applicable Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Opgen Inc), Securities Purchase Agreement (Opgen Inc)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 2 contracts
Samples: Note Purchase Agreement (Forian Inc.), Securities Purchase Agreement (Forian Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Company Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Company Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 2 contracts
Samples: Investment Agreement (Perspective Therapeutics, Inc.), Investment Agreement (Perspective Therapeutics, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof (except for dividends which accrue on the Company’s Series B Preferred Stock in accordance with the Company’s Restated Articles of Incorporation), each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Akorn Inc), Securities Purchase Agreement (Akorn Inc)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately and fully account for such event.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Entasis Therapeutics Holdings Inc.), Securities Purchase Agreement (Innoviva, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.. [SIGNATURE PAGES TO FOLLOW]
Appears in 2 contracts
Samples: Securities Purchase Agreement (Concur Technologies Inc), Securities Purchase Agreement
Adjustments in Share Numbers and Prices. In the event of --------------------------------------- any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.. * * * * * * * * *
Appears in 2 contracts
Samples: Securities Purchase Agreement (Applied Digital Solutions Inc), Securities Purchase Agreement (Applied Digital Solutions Inc)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the First Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 2 contracts
Samples: Purchase Agreement (Claudius IV, LLC), Purchase Agreement (Converted Organics Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document herein to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 2 contracts
Samples: Share Purchase Agreement (Document Security Systems Inc), Share Purchase Agreement (Document Security Systems Inc)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock Ordinary Shares (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common StockOrdinary Shares), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Strongbridge Biopharma PLC), Securities Purchase Agreement (Strongbridge Biopharma PLC)
Adjustments in Share Numbers and Prices. In the --------------------------------------- event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.. * * * * * * * * *
Appears in 2 contracts
Samples: Securities Purchase Agreement (Applied Digital Solutions Inc), Securities Purchase Agreement (Applied Digital Solutions Inc)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution affecting the Company’s stockholders pro rata and payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event affecting the Company’s stockholders pro rata and occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Dyadic International Inc), Series a Preferred Stock Purchase Agreement (Castle Brands Inc)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock Shares (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common StockShares), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Leading Brands Inc), Stock Purchase Agreement (FirstService Corp)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution to all stockholders of the Company payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the applicable Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 2 contracts
Samples: Securities Purchase Agreement (CalciMedica, Inc.), Securities Purchase Agreement (CalciMedica, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock Ordinary Shares (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common StockOrdinary Shares), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Silicom LTD), Securities Purchase Agreement (Silicom LTD)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement to a the number of shares or a Common Shares and the price per share Common Share shall be deemed to be amended to appropriately account for such event.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Celgene Corp /De/), Stock Purchase Agreement (Alliqua, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock Shares (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common StockShares), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 2 contracts
Samples: Second Securities Purchase Agreement (pSivida Corp.), Securities Purchase Agreement (pSivida Corp.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in this Agreement or any Transaction Document other certificate, instrument or document delivered in connection with this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Drugstore Com Inc), Stock Purchase Agreement (Drugstore Com Inc)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Class A Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Class A Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Elutia Inc.), Subscription Agreement (Offerpad Solutions Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document herein to a number of shares or a price per share shall be deemed to be amended to account appropriately account for such event.
Appears in 2 contracts
Samples: Purchase Agreement (Cyclacel Pharmaceuticals, Inc.), Purchase Agreement (Cyclacel Pharmaceuticals, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement or the Warrants to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 2 contracts
Samples: Common Stock and Warrant Purchase Agreement (Corautus Genetics Inc), Common Stock and Warrant Purchase Agreement (Corautus Genetics Inc)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.. [SIGNATURE PAGES FOLLOW]
Appears in 1 contract
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such eventevent (without duplication, to the extent the relevant Transaction Document provides for such amendment therein).
Appears in 1 contract
Samples: Securities Purchase Agreement (Solid Biosciences Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.. 4128-7834-6801.7
Appears in 1 contract
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock Securities (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common StockSecurities), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended adjusted to appropriately account for such event.
Appears in 1 contract
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock common stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stockcommon stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Samples: Securities Purchase Agreement (American Energy Group LTD)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, other than as contemplated hereby in connection with the Reverse Stock Split, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Samples: Securities Purchase Agreement (Great American Group, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.. [Signature Page Follows]
Appears in 1 contract
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such eventevent (without duplication, to the extent the relevant Transaction Document provides for such amendment therein).
Appears in 1 contract
Samples: Securities Purchase Agreement (Syros Pharmaceuticals, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock Ordinary Shares (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stockindirectly, Ordinary Shares), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.. [SIGNATURE PAGES TO FOLLOW] Company Signature Page
Appears in 1 contract
Samples: Stock Purchase Agreement (Titan Pharmaceuticals Inc)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.. (gg)
Appears in 1 contract
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock Securities (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common StockSecurities), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock Ordinary Shares (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common StockOrdinary Shares), combination or other similar recapitalization or event occurring after the date hereof, each reference in any the Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.. 25 / STKR 2004 Exhibit 99.4
Appears in 1 contract
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement or the Series B Notes to a number of shares or a price per share shall be deemed amended appropriately to be amended to appropriately account for such event.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Quantum Fuel Systems Technologies Worldwide, Inc.)
Adjustments in Share Numbers and Prices. In the event of any -------------------------------------------- stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Samples: Securities Purchase Agreement (DigitalFX International Inc)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock)Convertible Securities, combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGES FOLLOW.]
Appears in 1 contract
Samples: Securities Purchase Agreement (Internet Commerce Corp)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.. 42
Appears in 1 contract
Samples: Securities Purchase Agreement (Satcon Technology Corp)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any the Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Adjustments in Share Numbers and Prices. In the event of any --------------------------------------- stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock, including, without limitation, the Preferred Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend dividend, or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed amended appropriately to be amended to appropriately account for such event.
Appears in 1 contract
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of of, Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Samples: Securities Purchase Agreement (Smith & Wesson Holding Corp)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock Preferred Shares (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common StockPreferred Shares), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (American Realty Capital Properties, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (Shares or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock)Share Equivalents, combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.. EXECUTION VERSION
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Wolverine Tube Inc)
Adjustments in Share Numbers and Prices. In the event of any stock share split, subdivision, dividend or distribution payable in shares of Common Stock Shares (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common StockShares), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Samples: Securities Purchase Agreement (Liminal BioSciences Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.. SIGNATURE PAGES FOLLOW] |
Appears in 1 contract
Samples: Securities Purchase Agreement (Petro River Oil Corp.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Series A Preferred or Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Series A Preferred or Common Stock, as applicable), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Samples: Securities Purchase Agreement (Kun Run Biotechnology, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock Shares (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common StockShares), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (American Realty Capital Properties, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.. \
Appears in 1 contract
Samples: Securities Purchase Agreement (Petro River Oil Corp.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Applicable Closing Date, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofExecution Date, each reference in any Transaction Golisano Investment Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Samples: Securities Purchase Agreement (Twinlab Consolidated Holdings, Inc.)
Adjustments in Share Numbers and Prices. In the event --------------------------------------- of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.. * * * * * * *
Appears in 1 contract
Samples: Securities Purchase Agreement (Applied Digital Solutions Inc)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Preferred Stock or Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to each Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document this Agreement to a number of shares Shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Samples: Stock Purchase Agreement (Titan Pharmaceuticals Inc)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofof the Original Agreement, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Lapis Technologies Inc)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.. [the balance of this page intentionally left blank]
Appears in 1 contract
Adjustments in Share Numbers and Prices. In the event of any stock share split, subdivision, dividend or distribution to all stockholders of the Company payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to a Closing, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Samples: Securities Purchase Agreement (Iveda Solutions, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof but prior to the Second Equity Closing, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Samples: Investment Agreement (Southwall Technologies Inc /De/)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document to a number of shares or a price per share shall will be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofAgreement Date and prior to each Closing, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to equitably and appropriately account for such event.
Appears in 1 contract
Samples: Securities Purchase Agreement (Navios Maritime Acquisition CORP)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive receive, directly or indirectly shares of indirectly, Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document this Agreement to a number of shares or a price per share shall be deemed to be automatically amended to appropriately account for such event.
Appears in 1 contract
Samples: Guarantee and Reimbursement Agreement (Stream Global Services, Inc.)
Adjustments in Share Numbers and Prices. In the event of If any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder Holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring occurs after the date hereof, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to will be amended to appropriately account for such event.
Appears in 1 contract
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereof, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event..
Appears in 1 contract
Samples: Securities Purchase Agreement (Pulse Biosciences, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof (including the Reverse Stock Split), each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Samples: Form of Securities Purchase Agreement (Yumanity Therapeutics, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock splitsplit (other than the Reverse Split), subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common StockStock (other than conversion of the Advaxis Notes)), combination or other similar recapitalization or event occurring after the date hereof, each reference in any the Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Samples: Securities Purchase Agreement (Great Expectations & Associates Inc)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document this Agreement and the Exhibits attached hereto to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Samples: Securities Purchase Agreement (EPIX Pharmaceuticals, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to the Closing, each reference in any Transaction Document to a number of shares or a price per unit or share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof and prior to any the Closing, each reference in any Transaction Offering Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
Samples: Securities Purchase Agreement (Conversion Labs, Inc.)
Adjustments in Share Numbers and Prices. In the event of any stock split, subdivision, dividend or distribution payable in shares of Common Stock (or other securities or rights convertible into, or entitling the holder thereof to receive directly or indirectly shares of Common Stock), combination or other similar recapitalization or event occurring after the date hereofhereof but prior to the Closing Date, each reference in any Transaction Document to a number of shares or a price per share shall be deemed to be amended to appropriately account for such event.
Appears in 1 contract
