Common use of Dilution in Case of Other Securities Clause in Contracts

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 with respect to the Purchase Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrants, so as to protect the holders of the Warrants against the effect of such dilution.

Appears in 21 contracts

Samples: Securities Purchase Agreement (Datatec Systems Inc), Securities Purchase Agreement (NTN Communications Inc), Restructure Agreement (NTN Communications Inc)

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Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4section 3) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3section 2, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 section 2 with respect to the Purchase Warrant Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrants, so as to protect the holders of the Warrants against the effect of such dilution.

Appears in 15 contracts

Samples: Common Stock Purchase (Cyber Dialogue Inc), Common Stock Purchase (Wand Partners Sc Inc), Subordination Agreement (General Housing Inc)

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company or DSW (or any issuer of Other Securities or any other Person referred to in Section 4) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company or DSW (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3, the purchase rights rights, if any, with respect to such Other Securities, granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 with respect to the applicable Purchase Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrants, so as to protect the holders of the Warrants against the effect of such dilution.

Appears in 9 contracts

Samples: Financing Agreement (Retail Ventures Inc), Financing Agreement (Retail Ventures Inc), Financing Agreement (Retail Ventures Inc)

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 41) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 with respect to the Purchase Price and the number of shares purchasable upon Warrant exercise Quantity shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon on the exercise of the Warrantsthis Warrant, so as to protect the holders Registered Holder of the Warrants this Warrant against the effect of such dilution.

Appears in 7 contracts

Samples: Exercise Agreement (Majesco), Exercise Agreement (Majesco), Exercise Agreement (Majesco)

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 with respect to the Purchase Price and the number of shares purchasable upon Warrant exercise Quantity shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrantsthis Warrant, so as to protect the holders Holder of the Warrants this Warrant against the effect of such dilution.

Appears in 6 contracts

Samples: Escrow Agreement (Icg Communications Inc /De/), Financing Agreement (Xanodyne Pharmaceuticals Inc), Financing Agreement (Xanodyne Pharmaceuticals Inc)

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3, the purchase rights rights, if any, with respect to such Other Securities, granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 with respect to the Purchase Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrants, so as to protect the holders of the Warrants against the effect of such dilution.

Appears in 5 contracts

Samples: Financing Agreement (DSW Inc.), Clean Harbors Inc, Value City Department Stores Inc /Oh

Dilution in Case of Other Securities. In case any Other ------------------------------------ Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 with respect to the Purchase Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrants, so as to protect the holders of the Warrants against the effect of such dilution.

Appears in 4 contracts

Samples: Organogenesis Inc, Wellington Properties Trust, Organogenesis Inc

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4section 2I) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with to which the standards established in the other provisions of this Section 3Warrant do not apply, the purchase exercise rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 Warrant with respect to the Purchase Exercise Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrantsthis Warrant, so as to protect the holders holder of the Warrants this Warrant against the effect of such dilution.

Appears in 3 contracts

Samples: Warrant And (Equity Compression Services Corp), Boots & Coots International Well Control Inc, Clark/Bardes Holdings Inc

Dilution in Case of Other Securities. In case any Other ------------------------------------ Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4section 3) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3section 2, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 section 2 with respect to the Purchase Warrant Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrants, so as to protect the holders of the Warrants against the effect of such dilution.

Appears in 3 contracts

Samples: Common Stock Purchase (Information Management Associates Inc), Synbiotics Corp, Information Management Associates Inc

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue issuance or sale upon the conversion or exchange of any stock (or Other Securitiesother securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4Subsection (g)) or becomes subject to subscription, purchase or other acquisition pursuant to any Options options or rights issued or granted by the Company (or by any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with within the standards established in the other provisions of this Section 3ARTICLE IV, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 ARTICLE IV with respect to the Purchase Exercise Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrantsthis Warrant, so as to protect the holders of the Warrants Warrant against the effect of such dilution.

Appears in 3 contracts

Samples: Pw Eagle Inc, Sentry Technology Corp, Registration Rights Agreement (Dimeling Schreiber & Park)

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4Article II) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3Article II, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 Article II with respect to the Purchase Warrant Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the WarrantsWarrant, so as to protect the holders holder of the Warrants Warrant against the effect of such dilution.

Appears in 3 contracts

Samples: Warrant Purchase Agreement (Allis Chalmers Corp), Warrant Purchase Agreement (Allis Chalmers Corp), Quest Resource Corp

Dilution in Case of Other Securities. In case any Other ------------------------------------ Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 46.08) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 36, the purchase rights granted by this Warrantthe Warrants, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 6 with respect to the Purchase Exercise Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrants, so as to protect the holders of the Warrants against the effect of such dilution.

Appears in 3 contracts

Samples: Warrant Agreement (Frontier Airlines Inc /Co/), Warrant Agreement (Frontier Airlines Inc /Co/), Securities Purchase Agreement (Frontier Airlines Inc /Co/)

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 42I) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with to which the standards established in the other provisions of this Section 3Warrant do not apply, the purchase exercise rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 Warrant with respect to the Purchase Exercise Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrantsthis Warrant, so as to protect the holders holder of the Warrants this Warrant against the effect of such dilution.

Appears in 3 contracts

Samples: Purchase Agreement (Corrpro Companies Inc /Oh/), Prudential Insurance Co of America, Corrpro Companies Inc /Oh/

Dilution in Case of Other Securities. In case any Other ------------------------------------ Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 43) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 32, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 2 with respect to the Purchase Price and the number of shares purchasable upon Warrant exercise Quantity shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the WarrantsWarrant, so as to protect the holders of the Warrants Holder against the effect of such dilution.

Appears in 3 contracts

Samples: Polyphase Corp, Polyphase Corp, Polyphase Corp

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 43) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 32, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 2 with respect to the Purchase Price and the number of shares purchasable issuable upon exercise of the Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the WarrantsWarrant, so as to protect the holders of the Warrants Holder against the effect of such dilution.

Appears in 2 contracts

Samples: Wexford Management LLC, Wexford Management LLC

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 with respect to the Purchase Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrantsthis Warrant, so as to protect the holders of the Warrants Holder against the effect of such dilution.

Appears in 2 contracts

Samples: Hypercom Corp, Hypercom Corp

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 43) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 32, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 2 with respect to the Purchase Price and the number of shares purchasable upon Warrant exercise Quantity shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the WarrantsWarrant, so as to protect the holders of the Warrants Holder against the effect of such dilution.

Appears in 2 contracts

Samples: Polyphase Corp, Polyphase Corp

Dilution in Case of Other Securities. In case any Other Securities ------------------------------------ shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4section 3) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3section 2, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 section 2 with respect to the Purchase Warrant Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrants, so as to protect the holders of the Warrants against the effect of such dilution.

Appears in 2 contracts

Samples: Letter Agreement (Information Management Associates Inc), Letter Agreement (Information Management Associates Inc)

Dilution in Case of Other Securities. In case If after the Financing Agreement Date any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 with respect to the Purchase Exercise Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrants, so as to protect the holders of the Warrants against the effect of such dilution.

Appears in 2 contracts

Samples: Registration Rights Agreement (Atp Oil & Gas Corp), Registration Rights Agreement (Atp Oil & Gas Corp)

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 41) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 with respect to the Purchase Price and the number of shares purchasable upon Warrant exercise Quantity shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrantsthis Warrant, so as to protect the holders Registered Holders of the Warrants this Warrant against the effect of such dilution.

Appears in 1 contract

Samples: Charys Holding Co Inc

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock Common Stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 43) or to subscription, purchase or other acquisition pursuant to any Options options issued 11 - 397 - or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 32, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 2 with respect to the Purchase Warrant Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrantsthis Warrant, so as to protect the holders holder of the Warrants this Warrant against the effect of such dilution.

Appears in 1 contract

Samples: Data Transmission Network Corp

Dilution in Case of Other Securities. In case at any time or from time to time after the Original Issuance Date, any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any capital stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 42J) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, dilute the exercise rights granted by this Warrant on a basis consistent with the standards established in to which the other provisions of this Section 3, the purchase rights granted by this Warrant2 do not apply, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 Warrant with respect to the Purchase Exercise Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrantsthis Warrant, so as to protect the holders holder of the Warrants this Warrant against the effect of such dilution.

Appears in 1 contract

Samples: Reserved Shares Agreement (Crown Crafts Inc)

Dilution in Case of Other Securities. In case any Other Securities ------------------------------------ shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 34, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 4 with respect to the Purchase Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the WarrantsWarrant, so as to protect the holders of the Warrants Holder against the effect of such dilution.

Appears in 1 contract

Samples: Cardiodynamics International Corp

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 45) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 34, the purchase rights granted by this a Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 4 with respect to the Purchase Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrants, so as to protect the holders of the Warrants against the effect of such dilution.

Appears in 1 contract

Samples: Warrant Agreement (Icg Communications Inc /De/)

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue issuance or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 44.5) or become subject to subscription, purchase or other acquisition pursuant to any Options options or rights issued or granted by the Company (or by any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with within the standards established in the other provisions of this Section 3ARTICLE IV, the purchase rights granted by this WarrantAgreement, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 ARTICLE IV with respect to the Purchase Exercise Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrantsa Warrant, so as to protect the holders of the Warrants against the effect of such dilution.

Appears in 1 contract

Samples: Warrant Agreement (Monitronics International Inc)

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock Common Stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 43) or to subscription, purchase or other acquisition pursuant to any Options options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 32, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 2 with respect to the Purchase Warrant Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrantsthis Warrant, so as to protect the holders holder of the Warrants this Warrant against the effect of such dilution.

Appears in 1 contract

Samples: Data Transmission Network Corp

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 with respect to the Purchase Class G Warrant Exercise Price and the number of shares purchasable upon Warrant exercise Quantity shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrantsthis Warrant, so as to protect the holders Holder of the Warrants this Warrant against the effect of such dilution.

Appears in 1 contract

Samples: Shareholders Agreement (Interdent Inc)

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Dilution in Case of Other Securities. In case If, at any time after June 1, 2000, any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 with respect to the Purchase Exercise Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrants, so as to protect the holders of the Warrants against the effect of such dilution.

Appears in 1 contract

Samples: Pledge and Security Agreement (Inamed Corp)

Dilution in Case of Other Securities. In case any Other Securities ------------------------------------ shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 41) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 with respect to the Purchase Price and the number of shares purchasable upon Warrant exercise Quantity shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrantsthis Warrant, so as to protect the holders Registered Holders of the Warrants this Warrant against the effect of such dilution.

Appears in 1 contract

Samples: Exercise Agreement (Charys Holding Co Inc)

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company Corporation (or any issuer of Other Securities or any other Person referred to in Section 4) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company Corporation (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 with respect to the Purchase Price and the number of shares purchasable upon Warrant exercise Quantity shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrantsthis Warrant, so as to protect the holders Holder of the Warrants this Warrant against the effect of such dilution.

Appears in 1 contract

Samples: Outsource International Inc

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 with respect to the Purchase Class D Warrant Exercise Price and the number of shares purchasable upon Warrant exercise Quantity shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrantsthis Warrant, so as to protect the holders Holder of the Warrants this Warrant against the effect of such dilution.

Appears in 1 contract

Samples: Interdent Inc

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock Common Stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 43) or to subscription, purchase or other acquisition pursuant to any Options 11 - 359 - options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 32, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 2 with respect to the Purchase Warrant Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrantsthis Warrant, so as to protect the holders holder of the Warrants this Warrant against the effect of such dilution.

Appears in 1 contract

Samples: Data Transmission Network Corp

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 with respect to the Purchase Price and the number of shares purchasable upon Warrant exercise Quantity shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrants, so as to protect the holders of the Warrants against the effect of such dilution.

Appears in 1 contract

Samples: Cybex International Inc

Dilution in Case of Other Securities. In case If at any time or from time to time after the Original Issue Date the Warrants shall be exercisable for Other Securities (either alone or in addition to Common Stock), and Other Securities shall be issued issued, sold, granted or sold assumed, or shall become subject to issue issuance, sale, grant or sale assumption upon the any exercise, conversion or exchange of any stock stock, options or convertible or other securities (including but not limited to any Options or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4) section 5), or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) ), for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3section 4, the rights to purchase rights Other Securities granted by this Warranthereunder and under the Warrants, then, and then in each such case, the computations, adjustments and readjustments provided for in this Section 3 section 4 with respect to the Warrant Purchase Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrants, so as to protect the holders of the Warrants against the effect of such dilution.

Appears in 1 contract

Samples: Warrant Agreement (Homeland Holding Corp)

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4section 3) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3section 2, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 section 2 with respect to the Purchase Warrant Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrants, so as to protect the holders of the Warrants against the effect of such dilution. 2.8.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Dixon Ticonderoga Co)

Dilution in Case of Other Securities. In case If after the date hereof any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any capital stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person person referred to in Section 4Article IV) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Personperson) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3Article III, the purchase rights granted by this any Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 Article III with respect to the Purchase Exercise Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrants, so as to protect the holders of the Warrants against the effect of such dilution.

Appears in 1 contract

Samples: Warrant Agreement (Atp Oil & Gas Corp)

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4Article II) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3Article II, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 Article II with respect to the Purchase Warrant Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the WarrantsWarrant, so as to protect the holders holder of the Warrants Warrant against the effect of such dilution.. 189

Appears in 1 contract

Samples: Warrant Purchase Agreement (Allis Chalmers Corp)

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 41) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for or a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 with respect to the Purchase Price and the number of shares purchasable upon Warrant exercise Quantity shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon on the exercise of the Warrantsthis Warrant, so as to protect the holders Registered Holder of the Warrants this Warrant against the effect of such dilution.

Appears in 1 contract

Samples: Exercise Agreement (Majesco)

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3, the purchase rights granted by this WarrantWarrant (other than in circumstances comparable to those described in clauses (a), (b) or (c) of the definition of "Additional Shares of Common Stock"), then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 with respect to the Purchase Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrants, so as to protect the holders of the Warrants against the effect of such dilution.

Appears in 1 contract

Samples: Worldtalk Communications Corp

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue issuance or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4Subsection (g)) or become subject to subscription, purchase or other acquisition pursuant to any Options options or rights issued or granted by the Company (or by any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with within the standards established in the other provisions of this Section 3ARTICLE IV, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 ARTICLE IV with respect to the Purchase Price and the number Number of shares purchasable upon of Non-Voting Common Stock issuable under this Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrantsthis Warrant, so as to protect the holders of the Warrants Warrant against the effect of such dilution.

Appears in 1 contract

Samples: Nutraceutical International Corp

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue issuance or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4Subsection (g) or become subject to subscription, purchase or other acquisition pursuant to any Options options or rights issued or granted by the Company (or by any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with within the standards established in the other provisions of this Section 3ARTICLE IV, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 ARTICLE IV with respect to the Purchase Price and the number Number of shares purchasable upon of Class A Non-Voting Stock issuable under this Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrantsthis Warrant, so as to protect the holders of the Warrants Warrant against the effect of such dilution.

Appears in 1 contract

Samples: Nutraceutical International Corp

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3, the purchase rights rights, if any, with respect to such Other Securities, granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 with respect to the applicable Common Stock Purchase Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the Warrants, so as to protect the holders of the Warrants against the effect of such dilution.

Appears in 1 contract

Samples: Retail Ventures Inc

Dilution in Case of Other Securities. In case any Other ------------------------------------ Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 with respect to the Purchase Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the WarrantsWarrant, so as to protect the holders of the Warrants Warrant against the effect of such dilution.

Appears in 1 contract

Samples: Registration Agreement (Navigant International Inc)

Dilution in Case of Other Securities. In case any Other Securities shall be issued or sold or shall become subject to issue or sale upon the conversion or exchange of any stock (or Other Securities) of the Company (or any issuer of Other Securities or any other Person referred to in Section 4Article II) or to subscription, purchase or other acquisition pursuant to any Options issued or granted by the Company (or any such other issuer or Person) for a consideration such as to dilute, on a basis consistent with the standards established in the other provisions of this Section 3Article II, the purchase rights granted by this Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 3 Article II with respect to the Purchase Warrant Price and the number of shares purchasable upon Warrant exercise shall be made as nearly as possible in the manner so provided and applied to determine the amount of Other Securities from time to time receivable upon the exercise of the WarrantsWarrant, so as to protect the holders holder of the Warrants Warrant against the effect of such dilution.. 229

Appears in 1 contract

Samples: Warrant Purchase Agreement (Allis Chalmers Corp)

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