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

Dilution in Case of Other Securities. In case any Other Securities (as defined below) shall be issued or sold, or shall become subject to issue or sale upon the conversion or exchange of any Common Stock or Other Securities of the Company (or any issuer of Other Securities or any other person referred to in Section 8.7), or shall become subject to subscription, purchase or other acquisition pursuant to any Options issued, sold, granted or assumed by the Company (or any such other issuer or person) for a consideration that dilutes, in accordance with the standards established in the other provisions of this Section 8 or otherwise, the purchase rights granted by the Warrants, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 8 with respect to the Exercise Price shall be made and applied as nearly as possible in the manner so provided, to determine the amount of Other Securities that the Holder of such Warrants shall be entitled to receive upon the exercise of such Warrants, in order to protect such Holder against such dilution of purchase rights. "Other Securities" shall mean any stock (other than Common Stock) of the Company or of any other person that the Holders of the Warrants at any time shall be entitled to receive, or shall have received, upon the exercise of the Warrants, in lieu of or in addition to Common Stock, or that at any time shall be issuable or shall have been issued in exchange for or in replacement of Common Stock or Other Securities pursuant to this Section 8 or otherwise.

Appears in 5 contracts

Samples: Warrant Agreement (Access Integrated Technologies Inc), 'S Warrant Agreement (Access Integrated Technologies Inc), Warrant Agreement (Sunhawk Com Corp)

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Dilution in Case of Other Securities. In case any Other Securities (as defined below) shall be issued or sold, sold or shall become subject to issue or sale upon the conversion or exchange of any Common Stock stock (or Other Securities Securities) of the Company (or any issuer of Other Securities or any other person Person referred to in Section 8.7), 6) or shall become subject to subscription, purchase or other acquisition pursuant to any Options issued, sold, issued or granted or assumed by the Company (or any such other issuer or personPerson) for a consideration that dilutessuch as to dilute, in accordance on a basis consistent with the standards established in the other provisions of this Section 8 or otherwise5, the purchase rights granted by the Warrantsthis Warrant, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 8 5 with respect to the Exercise Warrant Price and the number of shares purchasable upon Warrant exercise shall be made and applied as nearly as possible in the manner so provided, provided and applied to determine the amount of Other Securities that the Holder of such Warrants shall be entitled from time to receive time receivable upon the exercise of such the Warrants, in order so as to protect the holders of the Warrants against the effect of such Holder against such dilution dilution. For purposes of purchase rights. this Warrant, the term "Other Securities" shall mean any stock (other than Common Stock) and other securities of the Company or of any other person that Person (corporate or otherwise) which the Holders holders of the Warrants at any time shall be entitled to receive, or shall have received, upon the exercise of the Warrants, in lieu of or in addition to Common Stock, or that which at any time shall be issuable or shall have been issued in exchange for or in replacement of Common Stock or Other Securities pursuant to this Section 8 6 or otherwise.

Appears in 2 contracts

Samples: Hauser Inc, Hauser Inc

Dilution in Case of Other Securities. In case any Other Securities (as defined below) shall be issued or sold, or shall become subject to issue or sale upon the conversion or exchange of any Common Stock or Other Securities of the Company (or any issuer of Other Securities or any other person referred to in Section 8.78.), or shall become subject to subscription, purchase or other acquisition pursuant to any Options issued, sold, granted or assumed by the Company (or any such other issuer or person) for a consideration that dilutes, in accordance with the standards established in the other provisions of this Section 8 or otherwise, the purchase rights granted by the Warrants, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 8 with respect to the Exercise Price shall be made and applied as nearly as possible in the manner so provided, to determine the amount of Other Securities that the Holder of such Warrants shall be entitled to receive upon the exercise of such Warrants, in order to protect such Holder against such dilution of purchase rights. "Other Securities" shall mean any stock (other than Common Stock) of the Company or of any other person that the Holders of the Warrants at any time shall be entitled to receive, or shall have received, upon the exercise of the Warrants, in lieu of or in addition to Common Stock, or that at any time shall be issuable or shall have been issued in exchange for or in replacement of Common Stock or Other Securities pursuant to this Section 8 or otherwise.

Appears in 1 contract

Samples: Warrant Agreement (Sunhawk Com Corp)

Dilution in Case of Other Securities. In case any Other Securities (as defined below) shall be issued or sold, sold or shall become subject to issue or sale upon the conversion or exchange of any Common Stock Shares (or Other Securities Securities) of the Company (or any issuer of Other Securities or any other person Person referred to in Section 8.7), 9.1 hereof) or shall become subject to subscription, purchase or other acquisition pursuant to any Options issuedrights, soldoptions, warrants to subscribe for, purchase or otherwise acquire either Additional Shares or securities directly or indirectly convertible into or exchangeable for Additional Shares, issued or granted or assumed by the Company (or any such other issuer or personPerson) for a consideration that dilutessuch as to dilute, in accordance on a basis consistent with the standards established in the other provisions of this Section 8 or otherwise9 hereof, the purchase rights granted by the Warrants, then, and in each such case, the computations, adjustments and readjustments provided for in this said Section 8 with respect to the Exercise Price Warrant Shares shall be made and applied as nearly as possible in the manner so provided, provided and applied to determine the amount of Other Securities that the Holder of such Warrants shall be entitled from time to receive upon the exercise of such Warrants, in order to protect such Holder against such dilution of purchase rights. "Other Securities" shall mean any stock (other than Common Stock) of the Company or of any other person that the Holders of the Warrants at any time shall be entitled to receive, or shall have received, receivable upon the exercise of the Warrants, so as to protect the Holders against the effect of such dilution; or, in lieu of or in addition to Common Stock, or that at any time shall be issuable or shall have been issued in exchange for or in replacement of Common Stock or the event such Other Securities pursuant are issued or sold prior to this the exercise of any Warrants and are not subsequently obtainable upon exercise of such Warrants, such adjustments shall instead be made to determine the adjusted amount of Shares represented by a Warrant Share, so as to protect the Holders against the effect of such dilution in accordance with Section 8 or otherwisehereof.

Appears in 1 contract

Samples: Warrant Agreement (Grubb & Ellis Co)

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Dilution in Case of Other Securities. In case any Other Securities (as defined below) shall be issued or sold, sold or shall become subject to issue or sale upon the conversion or exchange of any Common Stock (or Other Securities Securities) of the Company (or any issuer of Other Securities or any other person Person referred to in Section 8.7), 9.1 hereof) or shall become subject to subscription, purchase or other acquisition pursuant to any Options issuedrights, soldoptions, warrants to subscribe for, purchase or otherwise acquire either Additional Shares or securities directly or indirectly convertible into or exchangeable for Additional Shares, issued or granted or assumed by the Company (or any such other issuer or personPerson) for a consideration that dilutessuch as to dilute, in accordance on a basis consistent with the standards established in the other provisions of this Section 8 or otherwise8, the purchase rights granted by the Warrants, then, and in each such case, the computations, adjustments and readjustments provided for in this Section 8 with respect to the Exercise Price and Warrant Shares shall be made and applied as nearly as possible in the manner so provided, provided and applied to determine the Exercise Price and amount of Other Securities that the Holder of such Warrants shall be entitled from time to receive upon the exercise of such Warrants, in order to protect such Holder against such dilution of purchase rights. "Other Securities" shall mean any stock (other than Common Stock) of the Company or of any other person that the Holders of the Warrants at any time shall be entitled to receive, or shall have received, receivable upon the exercise of the Warrants, so as to protect the Holders against the effect of such dilution; or, in lieu the event such Other Securities are issued or sold prior to the exercise of or in addition any Warrants and are not subsequently obtainable upon exercise of such Warrants, such adjustments shall instead be made to Common Stock, or that at any time shall be issuable or shall have been issued in exchange for or in replacement determine the adjusted amount of shares of Common Stock or Other Securities pursuant represented by a Warrant Share, so as to this protect the Holders against the effect of such dilution in accordance with Section 8 or otherwisehereof.

Appears in 1 contract

Samples: Warrant Agreement (American Axle & Manufacturing Holdings Inc)

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