Common use of Change in Option Price or Conversion Rate Clause in Contracts

Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the conversion or exchange of any Convertible Securities or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Price in effect at the time of such change shall be immediately adjusted to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or conversion rate, as the case may be, at the time initially granted, issued or sold. For purposes of this Section 2C(3), if the terms of any Option or Convertible Security which was outstanding as of the Date of Issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, that no such change shall at any time cause the Exercise Price hereunder to be increased.

Appears in 2 contracts

Sources: Stock Purchase Warrant (General Electric Capital Corp), Stock Purchase Warrant (Hi Rise Recycling Systems Inc)

Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the conversion or exchange of any Convertible Securities or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Conversion Price in effect at the time of such change shall be immediately adjusted to the Exercise Conversion Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or conversion rate, as the case may be, at the time initially granted, issued or sold. For purposes of this Section 2C(3)2C, if the terms of any Option or Convertible Security which was outstanding as of the Date of Issuance of this Warrant Note are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, provided that no such change shall at any time cause the Exercise Conversion Price hereunder to be increased.

Appears in 2 contracts

Sources: Convertible Promissory Note (Sportsline Usa Inc), Convertible Promissory Note (Internet Sports Network Inc)

Change in Option Price or Conversion Rate. If (i) the purchase price provided for in any Options, the additional consideration, if any, payable upon the conversion or exchange of any Convertible Securities or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Conversion Price in effect at the time of such change shall be immediately adjusted to the Exercise Conversion Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or conversion rate, as the case may be, occurred at the time such Options or Convertible Securities were initially granted, issued or sold. For purposes of this Section 2C(3)2.6, if the terms of any Option or Convertible Security which was outstanding as of the Date of Issuance of this Warrant December 19, 2000 or at any time thereafter are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, provided that no such change shall at any time cause the Exercise Conversion Price hereunder to be increased.

Appears in 2 contracts

Sources: Investor Rights Agreement (Novavax Inc), Investor Rights Agreement (King Pharmaceuticals Inc)

Change in Option Price or Conversion Rate. If the purchase price ----------------------------------------- provided for in any OptionsOption, the additional consideration, consideration (if any, ) payable upon the issue, conversion or exchange of any Convertible Securities Security, or the rate at which any Convertible Securities are Security is convertible into or exchangeable for STS Common Stock changes at any time, the Exercise Conversion Price in effect at the time of such change shall be adjusted immediately adjusted to the Exercise Conversion Price which would have been in effect at such time had such Options Option or Convertible Securities still outstanding Security originally provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or sold. For purposes of this Section 2C(36E(iii)(C), if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance of this Warrant the Closing are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, provided that no such change shall at any time cause the Exercise Conversion Price hereunder to be increased.

Appears in 1 contract

Sources: Note and Warrant Purchase Agreement (Churchill Environmental & Industrial Equity Partners Lp)

Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the conversion or exchange of any Convertible Securities or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock Units changes at any time, the Exercise Conversion Price in effect at the time of such change shall be immediately adjusted to the Exercise Conversion Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or conversion rate, as the case may be, at the time initially granted, issued or sold. sold For purposes of this Section 2C(3SECTION 4.1(c), if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance issuance of this Warrant the Preferred Units are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock Units deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, PROVIDED that no such change shall at any time cause the Exercise Conversion Price hereunder to be increased.

Appears in 1 contract

Sources: Limited Liability Company Agreement (Comple Tel LLC)

Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the conversion or exchange of any Convertible Securities or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes Units is changed at any time, the Exercise Conversion Price in effect at the time of such change shall be immediately adjusted changed to the Exercise Conversion Price which that would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or conversion rate, as the case may be, at the time initially granted, issued or sold. For purposes of this Section 2C(34.9(b), if the terms of any Option or Convertible Security which was that were outstanding as of the Date date of Issuance issuance of this Warrant the Class A Units are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock Units deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, provided that no such change shall at any time cause the Exercise Conversion Price hereunder to be increased.

Appears in 1 contract

Sources: Limited Liability Company Agreement (Solo Brands, Inc.)

Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the conversion or exchange of any Convertible Securities or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Conversion Price in effect at the time of such change shall be immediately adjusted to the Exercise Conversion Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or conversion rate, as the case may be, at the time initially granted, issued or sold. For purposes of this Section 2C(3)5.3, if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance issuance of this Warrant the Series J Preferred Stock are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued and sold as of the date of such change; provided, that (A) no such change shall at any time cause the Exercise Conversion Price hereunder to be increased, and (B) no adjustment to the Conversion Price pursuant to this clause (iii) shall be made as a result of any adjustment to the exercise and/or conversion price with respect to the outstanding capital security of the Corporation on the date hereof pursuant to and in accordance with the antidilution protection provisions of such securities as in effect on the date hereof.

Appears in 1 contract

Sources: Stock Purchase Agreement (Velocity Express Corp)

Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Price in effect at the time of such change shall be adjusted immediately adjusted to the Exercise Price which that would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or sold. For purposes of this Section 2C(3)paragraph 2.2, if the terms of any Option or Convertible Security which that was outstanding as of the Date of Issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, provided that no such change shall at any time cause the Exercise Price hereunder to be increasedincreased to an amount in excess of the Exercise Price in effect immediately upon the issuance of this Warrant.

Appears in 1 contract

Sources: Class B Senior Redeemable Preferred Stock Purchase Agreement (Preferred Networks Inc)

Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the conversion or exchange of any Convertible Securities or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Price applicable Conversion Ratio in effect at the time of such change shall be immediately adjusted to the Exercise Price Conversion Ratio which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or conversion rate, as the case may be, at the time initially granted, issued or sold. For purposes of this Section 2C(3paragraph 5(a)(ii), if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance the initial issuance of this Warrant the Series B Preferred are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, provided that no such change shall at any time cause the Exercise Price applicable Conversion Ratio hereunder to be increased.

Appears in 1 contract

Sources: Merger Agreement (United Heritage Corp)

Change in Option Price or Conversion Rate. If (i) the purchase price provided for in any Options, the additional consideration, if any, payable upon the conversion or exchange of any Convertible Securities or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Conversion Price in effect at the time of such change shall be immediately adjusted to the Exercise Conversion Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or conversion rate, as the case may be, occurred at the time such Options or Convertible Securities were initially granted, issued or sold. For purposes of this Section 2C(3)2.6, if the terms of any Option or Convertible Security which was outstanding as of the Closing Date of Issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, provided that no such change shall at any time cause the Exercise Conversion Price hereunder to be increased.

Appears in 1 contract

Sources: Investor Rights Agreement (Novavax Inc)

Change in Option Price or Conversion Rate. If the ----------------------------------------- purchase price provided for in any OptionsOption, the additional consideration, consideration (if any, ) payable upon the issue, conversion or exchange of any Convertible Securities Security, or the rate at which any Convertible Securities are Security is convertible into or exchangeable for Common Stock changes at any time, the Exercise Conversion Price in effect at the time of such change shall be adjusted immediately adjusted to the Exercise Conversion Price which would have been in effect at such time had such Options Option or Convertible Securities still outstanding Security originally provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or sold. For purposes of this Section 2C(3paragraph 4(c), if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance issuance of this Warrant Note are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, provided that no such change shall at any time cause the Exercise Conversion Price hereunder to be increased.

Appears in 1 contract

Sources: Note and Warrant Purchase Agreement (Zytec Corp /Mn/)

Change in Option Price or Conversion Rate. If the purchase ----------------------------------------- price provided for in any Options, the additional consideration, if any, payable upon the conversion or exchange of any Convertible Securities or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Conversion Price in effect at the time of such change shall be immediately adjusted to the Exercise Conversion Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or conversion rate, as the case may be, at the time initially granted, issued or sold. For purposes of this Section 2C(3)6E, if the terms of any Option or Convertible Security which was outstanding as of the Date of Issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, provided that no such change shall at any time cause the Exercise Conversion Price hereunder to be increased.

Appears in 1 contract

Sources: Stock Purchase Agreement (Wiser Oil Co)

Change in Option Price or Conversion Rate. If (i) the purchase price provided for in any Options, the additional consideration, if any, payable upon the conversion or exchange of any Convertible Securities or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Conversion Price in effect at the time of such change shall be immediately adjusted to the Exercise Conversion Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or conversion rate, as the case may be, occurred at the time such Options or Convertible Securities were initially granted, issued or sold. For purposes of this Section 2C(3)SECTION 2.6, if the terms of any Option or Convertible Security which was outstanding as of the Closing Date of Issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, provided that no such change shall at any time cause the Exercise Conversion Price hereunder to be increased.

Appears in 1 contract

Sources: Investor Rights Agreement (King Pharmaceuticals Inc)

Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the conversion or exchange of any Convertible Securities or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Price Conversion Ratio in effect at the time of such change shall be immediately adjusted to the Exercise Price Conversion Ratio which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or conversion rate, as the case may be, at the time initially granted, issued or sold. For purposes of this Section 2C(3paragraph 5(a)(ii), if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance the initial issuance of this Warrant the Series A Preferred are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, provided that no such change shall at any time cause the Exercise Price Conversion Ratio hereunder to be increased.

Appears in 1 contract

Sources: Merger Agreement (United Heritage Corp)

Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the conversion or exchange of any Convertible Securities or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Conversion Price in effect at the time of such change shall be immediately adjusted to the Exercise Conversion Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or conversion rate, as the case may be, at the time initially granted, issued or sold. For purposes of this Section 2C(3)6C, if the terms of any Option or Convertible Security which was outstanding as of the Date date of Issuance the initial issuance of this Warrant the applicable series of Preferred Stock are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, provided that no such change shall at any time cause the Exercise Conversion Price hereunder to be increased.

Appears in 1 contract

Sources: Merger Agreement (Adams Respiratory Therapeutics, Inc.)

Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Stock changes at any time, the Exercise Price in effect at the time of such change shall be adjusted immediately adjusted to the Exercise Price which that would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or sold. For purposes of this Section 2C(3)paragraph 2.2, if the terms of any Option or Convertible Security which that was outstanding as of the Date of Issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, provided that no such change shall at any time cause the Exercise Price hereunder to be increasedincreased to an amount in excess of the Exercise Price in effect upon the issuance of this Warrant.

Appears in 1 contract

Sources: Common Stock Purchase Warrant (Omrix Biopharmaceuticals, Inc.)