Common use of Certificate as to Adjustment Clause in Contracts

Certificate as to Adjustment. (i) As promptly as reasonably practicable following any adjustment of the number of Warrant Shares pursuant to the provisions of this Section 4, but in any event not later than five (5) Business Days thereafter, the Company shall furnish to the Holder a certificate of an officer of the Company setting forth in reasonable detail such Adjustment and the facts upon which it is based and certifying the calculation thereof.

Appears in 12 contracts

Samples: Equity Commitment Agreement (Infrastructure & Energy Alternatives, Inc.), Warrant (Infrastructure & Energy Alternatives, Inc.), Warrant (Infrastructure & Energy Alternatives, Inc.)

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Certificate as to Adjustment. (i) As promptly as reasonably practicable following any adjustment of the number of Warrant Shares Units pursuant to the provisions of this Section 4, but in any event not later than five (5) Business Days thereafter, the Company Partnership shall furnish to the Holder a certificate of an executive officer of the Company setting forth in reasonable detail such Adjustment adjustment and the facts upon which it is based and certifying the calculation thereof.

Appears in 4 contracts

Samples: Purchase Agreement (NGL Energy Partners LP), Purchase Agreement (NGL Energy Partners LP), Purchase Agreement (NGL Energy Partners LP)

Certificate as to Adjustment. (i) As promptly as reasonably practicable following any change or adjustment of the number of Warrant Shares pursuant to the provisions of type described above in this Section 4, but in any event not later than five (5) Business Days thereafter, the Company shall furnish to the Holder a certificate of an officer of the Company a Responsible Officer setting forth in reasonable detail such Adjustment change or adjustment and the facts upon which it is based and certifying the calculation thereof.

Appears in 4 contracts

Samples: Credit Agreement (Pear Therapeutics, Inc.), Credit Agreement (Thimble Point Acquisition Corp.), Credit Agreement and Guaranty (Invitae Corp)

Certificate as to Adjustment. (i) As promptly as reasonably practicable following any adjustment of the number of Warrant Shares pursuant to the provisions of this Section 4, but in any event not later than five (5) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer of the Company setting forth in reasonable detail such Adjustment adjustment and the facts upon which it is based and certifying the calculation thereof.

Appears in 3 contracts

Samples: Twinlab Consolidated Holdings, Inc., Twinlab Consolidated Holdings, Inc., Abraxas Petroleum Corp

Certificate as to Adjustment. (i) As promptly as reasonably practicable following any adjustment of the number kind of Warrant Shares pursuant to the provisions of this Section 44(a), but in any event not later than five three (53) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer of the Company setting forth in reasonable detail such Adjustment adjustment and the facts upon which it is based and certifying the calculation thereof.

Appears in 2 contracts

Samples: Warrant (Digital Domain Media Group, Inc.), Warrant (Digital Domain Media Group, Inc.)

Certificate as to Adjustment. (ia) As promptly as reasonably practicable following any adjustment of the number of Warrant Shares pursuant to the provisions of this Section 4, but in any event not later than five ten (510) Business Days thereafter, the Company shall furnish to the Holder Holders a certificate of an officer Officer setting forth, in reasonable detail, the event requiring the adjustment, the method by which such adjustment was calculated and describing the number and kind of any other securities issuable upon exercise of the Company setting forth in reasonable detail Warrants after giving effect to such Adjustment and the facts upon which it is based and certifying the calculation thereofadjustment or change.

Appears in 2 contracts

Samples: Commitment Fee Warrant Agreement (Exco Resources Inc), Fee Warrant Agreement (Exco Resources Inc)

Certificate as to Adjustment. (i) 33.7.1. As promptly as reasonably practicable following any adjustment of the number of Warrant Shares pursuant to the provisions of this Section 45, but in any event not later than five (5) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer of the Company setting forth in reasonable detail such Adjustment adjustment and the facts upon which it is based and certifying the calculation thereof.

Appears in 1 contract

Samples: Settlement Agreement and Releases (EVO Transportation & Energy Services, Inc.)

Certificate as to Adjustment. (i) As promptly as reasonably practicable following any adjustment of the number kind of Warrant Shares pursuant to the provisions of this Section 44(a), but in any event not later than five (5) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer of the Company setting forth in reasonable detail such Adjustment adjustment and the facts upon which it is based and certifying the calculation thereof.

Appears in 1 contract

Samples: Warrant (Elbit Imaging LTD)

Certificate as to Adjustment. (i) As promptly as reasonably practicable following any adjustment of the number of Warrant Shares pursuant to the provisions of this Section 45, but in any event not later than five ten (510) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer of the Company setting forth in reasonable detail such Adjustment adjustment and the facts upon which it is based and certifying the calculation thereof.

Appears in 1 contract

Samples: MusclePharm Corp

Certificate as to Adjustment. (i) 61.7.1. As promptly as reasonably practicable following any adjustment of the number of Warrant Shares pursuant to the provisions of this Section 45, but in any event not later than five (5) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer of the Company setting forth in reasonable detail such Adjustment adjustment and the facts upon which it is based and certifying the calculation thereof.

Appears in 1 contract

Samples: Settlement Agreement and Releases (EVO Transportation & Energy Services, Inc.)

Certificate as to Adjustment. (i) 5.7.1. As promptly as reasonably practicable following any adjustment of the number of Warrant Shares pursuant to the provisions of this Section 45, but in any event not later than five (5) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer of the Company setting forth in reasonable detail such Adjustment adjustment and the facts upon which it is based and certifying the calculation thereof.

Appears in 1 contract

Samples: Settlement Agreement and Releases (EVO Transportation & Energy Services, Inc.)

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Certificate as to Adjustment. (i) As promptly as reasonably practicable following any adjustment of the number of Warrant Shares pursuant to the provisions of this Section 4, but in any event not later than five (5) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer of the Company setting forth in reasonable detail such Adjustment adjustment and the facts upon which it is based and certifying the calculation thereof.

Appears in 1 contract

Samples: Convertible Note and Warrant Purchase Agreement (Terran Orbital Corp)

Certificate as to Adjustment. (i) As promptly as reasonably practicable following any adjustment of the number of Warrant Shares pursuant to the provisions of this Section 4, but in any event not later than five three (53) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer of the Company setting forth in reasonable detail such Adjustment adjustment and the facts upon which it is based and certifying the calculation thereof.

Appears in 1 contract

Samples: Warrant Letter Agreement (Nn Inc)

Certificate as to Adjustment. (i) As promptly as reasonably practicable following any adjustment of the kind and number of Warrant Shares pursuant to the provisions of this Section 44(a), but in any event not later than five ten (510) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer of the Company setting forth in reasonable detail such Adjustment adjustment and the facts upon which it is based and certifying the calculation thereof.

Appears in 1 contract

Samples: Exchange Agreement (INVACARE HOLDINGS Corp)

Certificate as to Adjustment. (i) As promptly as reasonably practicable following any adjustment of the number kind of Warrant Shares pursuant to the provisions of this Section 44(a), but in any event not later than five two (52) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer of the Company setting forth in reasonable detail such Adjustment adjustment and the facts upon which it is based and certifying the calculation thereof.

Appears in 1 contract

Samples: Assignment, Assumption, and Release (Xfit Brands, Inc.)

Certificate as to Adjustment. (i) As promptly as reasonably practicable following any change or adjustment of the number of Warrant Shares pursuant to the provisions of type described above in this Section 4, but in any event not later than five (5) Business Days thereafter, the Company shall furnish to the Holder a certificate of an officer signed by the Secretary or Chief Financial Officer of the Company setting forth in reasonable detail such Adjustment adjustment and the facts upon which it is based and certifying the calculation thereofthereof and certifying the number of Exercise Shares or the amount, if any, of other shares of stock, securities or assets then issuable upon exercise of the Warrant. 5.

Appears in 1 contract

Samples: Notes Note Purchase Agreement (WeWork Inc.)

Certificate as to Adjustment. (i) 4.6.1. As promptly as reasonably practicable following any adjustment of the number of Warrant Shares pursuant to the provisions of this Section 4, but in any event not later than five (5) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer of the Company setting forth in reasonable detail such Adjustment adjustment and the facts upon which it is based and certifying the calculation thereof.

Appears in 1 contract

Samples: Stock and Warrant Purchase Agreement (Terran Orbital Corp)

Certificate as to Adjustment. (ia) As promptly as reasonably practicable following any adjustment of the number of Warrant Shares pursuant to the provisions of this Section 4, but in any event not later than five (5) Business Days thereafter, the Company shall furnish to the Holder a certificate of an executive officer of the Company setting forth in reasonable detail such Adjustment adjustment and the facts upon which it is based and certifying the calculation thereof.

Appears in 1 contract

Samples: Credit Agreement and Guaranty and Revenue Interest Financing Agreement (Impel Pharmaceuticals Inc)

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