Corrective Adjustments. Company hereby acknowledges that Holder is relying upon, the representations set forth in Section 2.2 regarding the capitalization of Company as of the date hereof. If it is later determined that such information is untrue or inaccurate such that the outstanding Capital Stock or rights to acquire Capital Stock are greater that the amount disclosed, then Company shall promptly prepare, execute and deliver to Holder such additional documents and certificates as are necessary to equitably adjust the Warrants and Warrant Shares deliverable upon exercise of all Warrants for the benefit of Holder. Such adjustments shall include the issuance of additional Warrants and/or the reduction in Exercise Price of the Warrants, as is acceptable to Holder. To the extent that Company and Holder cannot agree as to the amount or implementation of any such adjustment, then such determination shall be made by an Independent Appraiser.
Appears in 2 contracts
Sources: Option and Warrant Agreement (MCG Finance Corp), Option and Warrant Agreement (NBG Radio Network Inc)