Certain Adjustment Rules Sample Clauses
The 'Certain Adjustment Rules' clause establishes specific procedures for modifying contractual terms or obligations in response to defined events or changes in circumstances. Typically, this clause outlines the triggers for adjustments—such as regulatory changes, market disruptions, or shifts in underlying reference rates—and details the method for recalculating payments, deadlines, or other key terms. Its core practical function is to ensure that the contract remains fair and workable even when external factors change, thereby reducing uncertainty and disputes between the parties.
Certain Adjustment Rules. If an adjustment in the Conversion Price made hereunder would reduce the Conversion Price to an amount below par value of the Common Stock, then such adjustment in Conversion Price made hereunder shall reduce the Conversion Price to the par value of the Common Stock. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 9, the Corporation shall use its reasonable best efforts to take any and all actions which may be necessary, including obtaining regulatory, NASDAQ (or such exchange or automated quotation system on which the Common Stock is then listed) or stockholder approvals or exemptions, in order that the Corporation may thereafter validly and legally issue as fully paid and nonassessable all shares of Common Stock issuable upon conversion of the Preferred Stock in compliance with the applicable listing standards of NASDAQ (or such exchange or automated quotation system on which the Common Stock is then listed).
Certain Adjustment Rules. (i) The provisions of this Section 10 shall similarly apply to successive transactions.
(ii) If the Company shall declare any dividend referred to in paragraph (iv) of subsection (c) of this Section 10 or subsection (d) of this Section 10 and if any Holder exercises all or any part of the Warrants after such declaration but before the payment of such dividend, the Company may elect to defer, until the payment of such dividend, issuing to such Holder the shares issuable upon such exercise of the Warrants over and above the shares issuable upon such exercise of the Warrants on the basis of the Exercise Price in effect prior to such adjustment; provided, however, that the Company shall deliver to each such Holder a due ▇▇▇▇ or other appropriate instrument evidencing such Holder's right to receive such additional shares upon the payment of such dividend.
(iii) If the Company shall declare any dividend referred to in paragraph (iv) of subsection (c) of this Section 10 or subsection (d) of this Section 10 and shall legally abandon such dividend prior to payment, then no adjustment shall be made pursuant to this Section 10 in respect of such declaration.
Certain Adjustment Rules. (i) The provisions of this Section 3.3 shall similarly apply to successive transactions.
(ii) If the Company shall declare any dividend referred to in paragraph (iv) of subsection (c) of this Section 3.3 or subsection (d) of this Section 3.3 and if any holder of Notes converts all or any part of the Notes after such declaration but before the payment of such dividend, the Company may elect to defer, until the payment of such dividend, issuing to such Holder the shares issuable upon such conversion of the Notes over and above the shares issuable upon such conversion of the Notes on the basis of the Conversion Price in effect prior to such adjustment; provided, however, that the Company shall deliver to each such holder a due ▇▇▇▇ or other appropriate instrument evidencing such holder's right to receive such additional shares upon the payment of such dividend.
(iii) If the Company shall declare any dividend referred to in paragraph (iv) of subsection (c) of this Section 3.3 or subsection (d) of this Section 3.3 and shall legally abandon such dividend prior to payment, then no adjustment shall be made pursuant to this Section 3.3 in respect of such declaration.
Certain Adjustment Rules. (i) The provisions of this Section 7 shall similarly apply to successive transactions.
(ii) If the Company shall declare any distribution referred to in Section 7(b) and shall legally abandon such distribution prior to payment, then no adjustment shall be made pursuant to this Section 7 in respect of such declaration.
Certain Adjustment Rules. If an adjustment in the Conversion Price made hereunder would reduce the Conversion Price to an amount below the par value of the Common Shares, then such adjustment in Conversion Price made hereunder shall reduce the Conversion Price to the par value of the Common Shares; provided that, the Corporation shall not take any action that would, or would reasonably be expect to, result in an adjustment to the Conversion Price which, but for this sentence, would reduce the Conversion Price to an amount below the par value of the Common Shares. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 9, the Corporation shall use its reasonable best efforts to take any and all actions which may be necessary, including obtaining regulatory, the Trading Market or shareholder approvals or exemptions, in order that the Corporation may thereafter validly and legally issue as fully paid and nonassessable all Common Shares issuable upon conversion of the Series A Preferred Shares in compliance with the applicable listing standards of the Trading Market.
Certain Adjustment Rules. (i) The provisions of this Section 7 shall similarly apply to successive transactions.
(ii) If the Company shall declare any distribution referred to in Section 7(i) and if any Holder exercises all or any part of this Warrant after such declaration but before the payment of such distribution, the Company may elect to defer, until the payment of such distribution, issuing to such Holder the Units issuable upon such exercise of this Warrant on the basis of the applicable Exercise Price in effect prior to such adjustment; provided, however, that the Company shall deliver to each such Holder a due ▇▇▇▇ or other appropriate instrument evidencing such Holder's right to receive such additional Units upon the payment of such distribution.
(iii) If the Company shall declare any distribution referred to in Section 7(i) and shall legally abandon such distribution prior to payment, then no adjustment shall be made pursuant to this Section 7 in respect of such declaration.
Certain Adjustment Rules. (i) The provisions of this Section 9 shall similarly apply to successive transactions.
(ii) If the Company shall declare any dividend referred to in Section 9(a) and if any Holder exercises all or any part of the Warrants after such declaration but before the payment of such dividend, the Company may elect to defer, until the payment of such dividend, issuing to such Holder the shares issuable upon such exercise of the Warrants over and above the shares issuable upon such exercise of the Warrants on the basis of the Exercise Price in effect prior to such adjustment; provided, however, that the Company shall deliver to each such Holder a due ▇▇▇▇ or other appropriate instrument evidencing such Holder's right to receive such additional shares upon the payment of such dividend.
(iii) If the Company shall declare any dividend referred to in Section 9(a), and shall legally abandon such dividend prior to payment, then no adjustment shall be made pursuant to this Section 9 in respect of such declaration.