Common use of Common Stock Distribution Clause in Contracts

Common Stock Distribution. (a) If the Company shall issue, sell or otherwise distribute any shares of Common Stock, other than pursuant to this Warrant or a Common Stock Reorganization (which is governed by Section 4.2 hereof) (any such event, including any event described in paragraphs (b) and (c) below, being herein called a "Common Stock Distribution"), for a consideration per share less than the Fair Market Value of the Company per share of outstanding Common Stock on a Fully Diluted Basis on the date of such Common Stock Distribution (before giving effect to such Common Stock Distribution), then, effective upon such Common Stock Distribution, the Exercise Price shall be reduced (but in no event increased), if such consideration per share shall be less than such Fair Market Value per share, to the lowest of the prices (calculated to the nearest one thousandth of one cent) determined as provided in clauses (i), (ii) and (iii) below:

Appears in 2 contracts

Samples: Agreement (Jumbosports Inc), Medaphis Corp

AutoNDA by SimpleDocs

Common Stock Distribution. (a) If the Company shall issue, sell or otherwise distribute any shares of Common StockStock (other than Excluded Shares), other than pursuant to this Warrant or a Common Stock Reorganization (which is governed by Section 4.2 hereof) (any such event, including any event described in paragraphs (b) and (c) below, being herein called a "Common Stock DistributionCOMMON STOCK DISTRIBUTION"), for a consideration per share less than the Fair Market Value of the Company per share of outstanding Common Stock on a Fully Diluted Basis on the date of such Common Stock Distribution (before giving effect to such Common Stock Distribution), then, effective upon such Common Stock Distribution, the Exercise Price shall be reduced (but in no event increased)reduced, if such consideration per share shall be less than such Fair Market Value per share, to the lowest of the prices (calculated to the nearest one one-thousandth of one cent) determined as provided in clauses (i), ) and (ii) and (iii) below:

Appears in 1 contract

Samples: Credit Agreement (Vistacare Inc)

Common Stock Distribution. (a) If the Company Holdings shall issue, sell or otherwise distribute any shares of Common Stock, other than pursuant to this Warrant or a Common Stock Reorganization (which is governed by Section 4.2 hereof) (any such event, including any event described in paragraphs (b) and (c) below, being herein called a "Common Stock Distribution"), for a consideration per share less than the Exercise Price then in effect or less than the Fair Market Value of the Company Holdings per share of outstanding Common Stock on a Fully Diluted Basis on the date of such Common Stock Distribution (before giving effect to such Common Stock Distribution), then, effective upon such Common Stock Distribution, the Exercise Price shall be reduced (but in no event increased), if such consideration per share shall be less than such Fair Market Value per share, to the lowest lower of the prices (calculated to the nearest one one-thousandth of one cent) determined as provided in clauses (i), ) and (ii) and (iii) belowbelow or:

Appears in 1 contract

Samples: Warrantholders Rights Agreement (Lets Talk Cellular & Wireless Inc)

Common Stock Distribution. (a) If the Company shall issue, sell or otherwise distribute any shares of Common Stock, other than pursuant to this Warrant Agreement or a Common Stock Reorganization (which is governed by Section 4.2 hereof) (any such event, including any event described in paragraphs (b) and (c) below, being herein called a "β€œCommon Stock Distribution"”), for a consideration per share less than the Fair Market Value of the Company per share of outstanding Common Stock on a Fully Diluted Basis on the date of such Common Stock Distribution (before giving effect to such Common Stock Distribution), then, effective upon such Common Stock Distribution, the Exercise Price shall be reduced (but in no event increased)reduced, if such consideration per share shall be less than such Fair Market Value per share, to the lowest of the prices (calculated to the nearest one thousandth of one cent) determined as provided in clauses (i), (ii) and (iii) below:

Appears in 1 contract

Samples: Advanced Life Sciences Holdings, Inc.

AutoNDA by SimpleDocs

Common Stock Distribution. (a) If the Company shall issue, sell or otherwise distribute any shares of Common StockStock (other than Excluded Shares), other than pursuant to this Warrant or a Common Stock Reorganization (which is governed by Section 4.2 hereof) (any such event, including any event described in paragraphs (b) and (c) below, being herein called a "Common Stock DistributionCOMMON STOCK DISTRIBUTION"), for a consideration per share less than the Fair Market Value of the Company per share of outstanding Common Stock on a Fully Diluted Basis on the date of such Common Stock Distribution (before giving effect to such Common Stock Distribution), then, effective upon such Common Stock Distribution, the Exercise Price shall be reduced (but in no event increased)reduced, if such consideration per share shall be less than such Fair Market Value per share, to the lowest of the prices (calculated to the nearest one one-thousandth of one cent) determined as provided in clauses (i), (ii) and (iii) below:

Appears in 1 contract

Samples: Credit Agreement (Horizon Medical Products Inc)

Common Stock Distribution. (a) If the Company shall issue, sell or otherwise distribute any shares of Common Stock, other than pursuant to this Warrant Agreement or a Common Stock Reorganization (which is governed by Section 4.2 hereof) (any such event, including any event described in paragraphs (b) and (c) below, being herein called a "Common Stock DistributionCOMMON STOCK DISTRIBUTION"), for a consideration per share less than the Fair Market Value of the Company per share of outstanding Common Stock on a Fully Diluted Basis on the date of such Common Stock Distribution (before giving effect to such Common Stock Distribution), then, effective upon such Common Stock Distribution, the Exercise Price shall be reduced (but in no event increased)reduced, if such consideration per share shall be less than such Fair Market Value per share, to the lowest of the prices (calculated to the nearest one thousandth of one cent) determined as provided in clauses (i), (ii) and (iii) below:

Appears in 1 contract

Samples: Advanced Life Sciences Holdings, Inc.

Time is Money Join Law Insider Premium to draft better contracts faster.