Common use of Change in Capitalization Clause in Contracts

Change in Capitalization. If the number of outstanding shares of the ------------------------ Common Stock shall be increased or decreased by a change in par value, split-up, stock split, reverse stock split, reclassification, distribution of common stock dividend, or other similar capital adjustment, an appropriate adjustment shall be made by the Board in the number and kind of Bonus Shares, such that Employee's proportionate interest shall be maintained as before the occurrence of the event. No fractional shares shall be issued in making such adjustment. All adjustments made by the Board under this Section shall be final, binding, and conclusive.

Appears in 3 contracts

Samples: Employment Agreement (Infocure Corp), Employment Agreement (Infocure Corp), Employment Agreement (Infocure Corp)

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Change in Capitalization. If the number of outstanding shares of the ------------------------ Common Stock shall be increased or decreased by a change in par value, split-up, stock split, reverse stock split, reclassification, distribution of common stock dividend, or other similar capital adjustment, an appropriate adjustment shall be made by the Board of Directors in the number and kind of Bonus Award Shares, such that EmployeeRecipient's proportionate interest shall be maintained as before the occurrence of the event. No fractional shares shall be issued in making such adjustment. All adjustments made by the Board of Directors under this Section shall be final, binding, and conclusive.

Appears in 2 contracts

Samples: Restricted Stock Award Agreement (Lodgian Inc), Restricted Stock Award Agreement (Lodgian Inc)

Change in Capitalization. If the number of outstanding shares of the ------------------------ Common Stock shall be increased or decreased by a change in par value, split-up, stock split, reverse stock split, reclassification, distribution of common stock dividend, or other similar capital adjustment, an appropriate adjustment shall be made by the Board of Directors in the number and kind of Bonus Award Shares, such that Employee's proportionate interest shall be maintained as before the occurrence of the event. No fractional shares shall be issued in making such adjustment. All adjustments made by the Board of Directors under this Section shall be final, binding, and conclusive.

Appears in 2 contracts

Samples: Restricted Unit Award Agreement (Lodgian Inc), Restricted Unit Award Agreement (Lodgian Inc)

Change in Capitalization. If the number of outstanding shares of the ------------------------ Common Stock shall be increased or decreased by a change in par value, split-up, stock split, reverse stock split, reclassification, distribution of common stock dividend, or other similar capital adjustment, an appropriate adjustment shall be made by the Board of Directors in the number and kind of Bonus Award Shares, such that Employee's Recipient’s proportionate interest shall be maintained as before the occurrence of the event. No fractional shares shall be issued in making such adjustment. All adjustments made by the Board of Directors under this Section shall be final, binding, and conclusive.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Lodgian Inc)

Change in Capitalization. If the number of outstanding shares of the ------------------------ Common Stock shall be increased or decreased by a change in par value, split-up, stock split, reverse stock split, reclassification, distribution of common stock dividend, or other similar capital adjustment, an appropriate adjustment shall be made by the Board Committee in the number and kind of Bonus Award Shares, such that Employee's Director’s proportionate interest shall be maintained as before the occurrence of the event. No ; provided, however, that no fractional shares shall be issued in making such adjustment. All adjustments made by the Board Committee under this Section shall be final, binding, and conclusive.

Appears in 1 contract

Samples: Agreement (Manhattan Associates Inc)

Change in Capitalization. If the number of outstanding shares of the ------------------------ Common Stock shall be increased or decreased by a change in par value, split-up, stock split, reverse stock split, reclassification, distribution of common stock dividend, or other similar capital adjustment, an appropriate adjustment shall be made by the Board of Directors in the number and kind of Bonus Shares, such that Employee's proportionate interest shall be maintained as before the occurrence of the event. No fractional shares shall be issued in making such adjustment. All adjustments made by the Board of Directors under this Section shall be final, binding, and conclusive.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Witness Systems Inc)

Change in Capitalization. If the number of outstanding shares Shares of the ------------------------ Common Stock shall be increased or decreased by a change in par value, split-up, stock split, reverse stock split, reclassification, distribution of common stock dividend, or other similar capital adjustment, an appropriate adjustment shall be made by the Board Committee in the number and kind of Bonus Shares, shares underlying the Units such that Employee's Director’s proportionate interest shall be maintained as before the occurrence of the event. No ; provided, however, that no fractional shares shall be issued in making such adjustment. All adjustments made by the Board Committee under this Section shall be final, binding, and conclusive.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Manhattan Associates Inc)

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Change in Capitalization. If the number of outstanding shares of the ------------------------ Common Stock shall be increased or decreased by a change in par value, split-up, stock split, reverse stock split, reclassification, distribution of common stock dividend, or other similar capital adjustment, an appropriate adjustment shall be made by the Board Committee in the number and kind of Bonus Award Shares, such that Employeethe Recipient's proportionate interest shall be maintained as before the occurrence of the event. No ; provided, however, that no fractional shares shall be issued in making such adjustment. All adjustments made by the Board Committee under this Section shall be final, binding, and conclusive.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Internet Commerce Corp)

Change in Capitalization. If the number of outstanding shares of the ------------------------ Common Stock shall be increased or decreased by a change in par value, split-up, stock split, reverse stock split, reclassification, distribution of common stock dividend, or other similar capital adjustment, an appropriate adjustment shall be made by the Board Committee in the number and kind of Bonus Award Shares, such that Employee's ’s proportionate interest shall be maintained as before the occurrence of the event. No ; provided, however, that no fractional shares shall be issued in making such adjustment. All adjustments made by the Board Committee under this Section shall be final, binding, and conclusive.

Appears in 1 contract

Samples: Agreement (Manhattan Associates Inc)

Change in Capitalization. If the number of outstanding shares Shares of the ------------------------ Common Stock shall be increased or decreased by a change in par value, split-up, stock split, reverse stock split, reclassification, distribution of common stock dividend, or other similar capital adjustment, an appropriate adjustment shall be made by the Board Committee in the number and kind of Bonus Shares, shares underlying the Units such that Employee's ’s proportionate interest shall be maintained as before the occurrence of the event. No ; provided, however, that no fractional shares shall be issued in making such adjustment. All adjustments made by the Board Committee under this Section shall be final, binding, and conclusive.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement for Employees (Manhattan Associates Inc)

Change in Capitalization. If the number of outstanding shares of the ------------------------ Common Stock shall be increased or decreased by a change in par value, split-up, stock split, reverse stock split, reclassification, distribution of common stock dividend, or other similar capital adjustment, an appropriate adjustment shall be made by the Board of Directors in the number and kind of Bonus Shares, Award Shares such that Employee's Recipient’s proportionate interest shall be maintained as before the occurrence of the event. No fractional shares shall be issued in making such adjustment. All adjustments made by the Board of Directors under this Section shall be final, binding, and conclusive.

Appears in 1 contract

Samples: Restricted Stock Award Agreement (Education Realty Trust, Inc.)

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