Common use of Dividends in Stock Adjustment Clause in Contracts

Dividends in Stock Adjustment. In case at any time or from time to time on or after the date hereof the holders of the Common Stock of the Company (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefore, other or additional securities or other property (other than cash) of the Company by way of dividend or distribution, then and in each case, the Holder shall, upon the exercise hereof, be entitled to receive, in addition to the number of Warrant Shares receivable thereupon, and without payment of any additional consideration therefore, the amount of such other or additional securities or other property (other than cash) of the Company which such Holder would hold on the date of such exercise had it been the holder of record of such Common Stock on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this Section 2(a), Section 2(b) and Section 2(c).

Appears in 10 contracts

Samples: System and Lead Development and Transfer Agreement (Mri Interventions, Inc.), System and Lead Development and Transfer Agreement (Mri Interventions, Inc.), System and Lead Development and Transfer Agreement (Mri Interventions, Inc.)

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Dividends in Stock Adjustment. In case at any time or from time to time on or after the date hereof the holders of the Common Warrant Stock of the Company (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cash) of the Company by way of dividend or distribution, then and in each case, the Holder holder of this Warrant shall, upon the exercise hereof, be entitled to receive, in addition to the number of shares of Warrant Shares Stock receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cash) of the Company which such Holder holder would hold on the date of such exercise had it been the holder of record of such Common shares of Warrant Stock on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this subsection 2.1 and subsections 2.2 and 2.3 of this Section 2(a), Section 2(b) and Section 2(c)2.

Appears in 5 contracts

Samples: Distribution Agreement (Accentia Biopharmaceuticals Inc), Distribution Agreement (Accentia Biopharmaceuticals Inc), Distribution Agreement (Accentia Biopharmaceuticals Inc)

Dividends in Stock Adjustment. In case at any time or and from time to time on or after the date hereof the holders of the Common Stock of the Company (or any shares of stock or other securities at the time receivable upon the exercise or exchange of this Warrant) shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cashregular cash dividends) of the Company by way of dividend or distribution, then and in each case, the Holder holder of this Warrant shall, upon the exercise or exchange hereof, be entitled to receive, in addition to the number of Warrant Shares receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cashregular cash dividends) of the Company which such Holder holder would hold on the date of such exercise or exchange had it been the holder of record of such Common Stock Shares on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exerciseexercise or exchange, retained such shares Shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this Section 2(a), Section 2(b) and Section 2(c)2.

Appears in 3 contracts

Samples: Bti Telecom Corp, Bti Telecom Corp, Bti Telecom Corp

Dividends in Stock Adjustment. In case at any time or from time to time on or after the date hereof on which this Warrant is exercisable for Warrant Stock and while this Warrant is outstanding and unexpired, the holders of the Common Warrant Stock of the Company (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cash) of the Company by way of dividend or distribution, then and in each case, the Holder holder of this Warrant shall, upon the exercise hereof, be entitled to receive, in addition to the number of shares of Warrant Shares Stock receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cash) of the Company which such Holder holder would hold on the date of such exercise have been entitled to receive if it had it been the holder of record of such Common Stock exercised this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this Section 2(a), Section 2(b) and Section 2(c)2.

Appears in 2 contracts

Samples: Clearside Biomedical, Inc., Clearside Biomedical, Inc.

Dividends in Stock Adjustment. In case at any time or from time to time on or after the date hereof the holders Holders of the Common Stock of the Company (or any shares of Series E Convertible Preferred stock or other securities at the time receivable upon the exercise of this Warrant) shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cash) of the Company by way of dividend or distribution, then and in each case, the Holder holder of this Warrant shall, upon the exercise hereof, be entitled to receive, in addition to the number of shares of Warrant Shares Stock receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cash) of the Company which such Holder holder would hold on the date of such exercise had it been the holder of record of such Common shares of Warrant Stock on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this subsection 2.1 and subsections 2.2 and 2.3 of this Section 2(a), Section 2(b) and Section 2(c)2.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Accentia Biopharmaceuticals Inc), Accentia Biopharmaceuticals Inc

Dividends in Stock Adjustment. In case at any time or from time to time on or after the date hereof the holders of the Common Stock of the Company (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cash) of the Company by way of dividend or distribution, then and in each case, the Holder holder of this Warrant shall, upon the exercise hereof, be entitled to receive, in addition to the number of shares of Warrant Shares Stock receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cash) of the Company which such Holder holder would hold on the date of such exercise had it been the holder of record of such Common Stock Shares on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares Shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this Section 2(a), Section 2(b) and Section 2(c)2.

Appears in 2 contracts

Samples: Distribution Agreement (Accentia Biopharmaceuticals Inc), Distribution Agreement (Accentia Biopharmaceuticals Inc)

Dividends in Stock Adjustment. In case at any time or from time to time on or after the date hereof the holders of the Common Stock of the Company (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cash) of the Company by way of dividend or distribution, then and in each case, the Holder holder of this Warrant shall, upon the exercise hereof, be entitled to receive, in addition to the number of Warrant Shares receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cash) of the Company which such Holder holder would hold on the date of such exercise had it been the holder of record of such Common Stock on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this subsection 2.1 and subsections 2.2 and 2.3 of this Section 2(a), Section 2(b) and Section 2(c)2.

Appears in 2 contracts

Samples: High Speed Net Solutions Inc, High Speed Net Solutions Inc

Dividends in Stock Adjustment. In case at any time or and from time ----------------------------- to time on or after the date hereof the holders of the Common Stock of the Company (or any shares of stock or other securities at the time receivable upon the exercise or exchange of this Warrant) shall have received, received or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cashregular cash dividends) of the Company by way of dividend or distribution, then and in each case, the Holder holder of this Warrant shall, upon the exercise or exchange hereof, be entitled to receive, in addition to the number of Warrant Shares receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cashregular cash dividends) of the Company which such Holder holder would hold on the date of such exercise or exchange had it been the holder of record of such Common Stock Shares on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exerciseexercise or exchange, retained such shares Shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this Section 2(a), Section 2(b) and Section 2(c)2.

Appears in 2 contracts

Samples: Bti Telecom Corp, Bti Telecom Corp

Dividends in Stock Adjustment. In case at any time or from time to time on or after the date hereof the holders of the Common Warrant Stock of the Company (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cash) of the Company by way of dividend or distribution, then and in each case, the Holder holder of this Warrant shall, upon the exercise hereof, be entitled to receive, in addition to the number of shares of Warrant Shares Stock receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cash) of the Company which such Holder holder would hold on the date of such exercise had it been the holder of record of such Common Warrant Stock on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this subsection 2.1 and subsections 2.2 and 2.3 of this Section 2(a), Section 2(b) and Section 2(c)2.

Appears in 2 contracts

Samples: Marketing and Distribution Agreement (Buildnet Inc), Buildnet Inc

Dividends in Stock Adjustment. In case at any time or from time to time on or after the date hereof the holders of the Common Series C Preferred Stock of the Company (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cash) of the Company by way of dividend or distributiondistribution (except for distributions specifically provided for below in Section 2.3) then, then and in each case, the Holder holder of this Warrant shall, upon the exercise hereof, be entitled to receive, in addition to the number of shares of Warrant Shares Stock receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cash) of the Company which such Holder holder would hold on the date of such exercise had it been the holder of record of such Common Stock stock on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this Section 2(a), Section 2(b) and Section 2(c)2.

Appears in 2 contracts

Samples: Aldagen Inc, Aldagen Inc

Dividends in Stock Adjustment. In case at any time or from time to time on or after the date hereof the holders of the Common Series A Preferred Stock or the Series B Preferred Stock of the Company (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cash) of the Company by way of dividend or distributiondistribution (except for distributions specifically provided for below in Section 2.3) then, then and in each case, the Holder holder of this Warrant shall, upon the exercise hereof, be entitled to receive, in addition to the number of shares of Warrant Shares Stock receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cash) of the Company which such Holder holder would hold on the date of such exercise had it been the holder of record of such Common Stock stock on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this Section 2(a), Section 2(b) and Section 2(c)2.

Appears in 2 contracts

Samples: Preferred Stock Purchase Warrant (Aldagen Inc), Preferred Stock Purchase Warrant (Aldagen Inc)

Dividends in Stock Adjustment. In case at any time or from time to ----------------------------- time on or after the date hereof the holders of the Common Stock of the Company (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cash) of the Company by way of dividend or distribution, then and in each case, the Holder holder of this Warrant shall, upon the exercise hereof, be entitled to receive, in addition to the number of shares of Warrant Shares Stock receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cash) of the Company which such Holder holder would hold on the date of such exercise had it been the holder of record of such Common Stock on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this subsection 2.1 and subsections 2.2 and 2.3 of this Section 2(a), Section 2(b) and Section 2(c)2.

Appears in 1 contract

Samples: Haht Commerce Inc

Dividends in Stock Adjustment. In case at any time or from time to time on or after the date hereof of this Warrant and while this Warrant is outstanding and unexpired, the holders of the Common Warrant Stock of the Company (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cash) of the Company by way of dividend or distribution, then and in each case, the Holder holder of this Warrant shall, upon the exercise hereof, be entitled to receive, in addition to the number of shares of Warrant Shares Stock receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cash) of the Company which such Holder holder would hold on the date of such exercise have been entitled to receive if it had it been the holder of record of such Common Stock exercised this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this Section 2(a), Section 2(b) and Section 2(c).2. 1 5 years from the date of issuance

Appears in 1 contract

Samples: GeoVax Labs, Inc.

Dividends in Stock Adjustment. In case at any time or and from time ----------------------------- to time on or after the date hereof the holders of the Common Stock of the Company (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cash) of the Company by way of dividend or distribution, then and in each case, the Holder holder of this Warrant shall, upon the exercise hereof, be entitled to receive, in addition to the number of Warrant Shares receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cash) of the Company which such Holder holder would hold on the date of such exercise had it been the holder of record of such Common Stock Shares on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares Shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this Section 2(a), Section 2(b) and Section 2(c)2.

Appears in 1 contract

Samples: Total Sports Inc

Dividends in Stock Adjustment. In case at any time or from time to time on or after the date hereof the holders of the Common Stock of the Company (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cash) of the Company by way of dividend or distribution, then and in each case, the Holder holder of this Warrant shall, upon the exercise hereof, be entitled to receive, in addition to the number of shares of Warrant Shares Stock receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cash) of the Company which such Holder holder would hold on the date of such exercise had it been the holder of record of such Common Stock on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this subsection 2.1 and subsections 2.2 and 2.3 of this Section 2(a), Section 2(b) and Section 2(c)2.

Appears in 1 contract

Samples: Stock Purchase Warrant (Regado Biosciences Inc)

Dividends in Stock Adjustment. In case case, at any time or from time to time on or after the date hereof hereof, the holders of the Common Preferred Stock of the Company (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cash) of the Company by way of dividend or distribution, then and in each case, the Holder holder of this Warrant shall, upon the exercise hereof, be entitled to receive, in addition to the number of Warrant Shares receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cash) of the Company which such Holder holder would hold on the date of such exercise had it been the holder of record of such Common Preferred Stock on the date hereof thereof and had thereafter, during the period from the date hereof thereof to and including the date of such exercise, retained such shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this subsection 2.1 and subsections 2.2 and 2.3 of this Section 2(a), Section 2(b) and Section 2(c)2.

Appears in 1 contract

Samples: Summus Inc Usa

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Dividends in Stock Adjustment. In case case, at any time or from time to time on or after the date hereof hereof, the holders of the Common Stock of the Company (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cash) of the Company by way of dividend or distribution, then and in each case, the Holder holder of this Warrant shall, upon the exercise hereof, be entitled to receive, in addition to the number of Warrant Shares receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cash) of the Company which such Holder holder would hold on the date of such exercise had it been the holder of record of such Common Stock on the date hereof thereof and had thereafter, during the period from the date hereof thereof to and including the date of such exercise, retained such shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this subsection 2.1 and subsections 2.2 and 2.3 of this Section 2(a), Section 2(b) and Section 2(c)2.

Appears in 1 contract

Samples: High Speed Net Solutions Inc

Dividends in Stock Adjustment. In case at any time or from time to time on or after the date hereof the holders of the Common Warrant Stock of the Company (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cash) of the Company by way of dividend or distributiondistribution (except for distributions specifically provided for below in Section 2.3), then and in each case, the Holder holder of this Warrant shall, upon the exercise hereof, be entitled to receive, in addition to the number of Warrant Shares Stock receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cash) of the Company which such Holder holder would hold on the date of such exercise had it been the holder of record of such Common Stock Shares on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares Shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this Section 2(a), Section 2(b) and Section 2(c)2.

Appears in 1 contract

Samples: Preferred Unit Purchase Warrant (Cempra Holdings, LLC)

Dividends in Stock Adjustment. In case at any time or and from time ----------------------------- to time on or after the date hereof the holders of the Common Stock of the Company (or any shares of stock or other securities at the time receivable upon the exercise or exchange of this Warrant) shall have received, received or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cashregular cash dividends) of the Company by way of dividend or distribution, then and in each case, the Holder holder of this Warrant shall, upon the exercise or exchange hereof, be entitled to receive, in addition to the number of Warrant Shares receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cashregular cash dividends) of the Company which such Holder holder would hold on the date of such exercise or exchange had it he been the holder of record of such Common Stock Shares on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exerciseexercise or exchange, retained such shares Shares and/or all other additional securities or other property receivable by it him as aforesaid during such period, giving effect to all adjustments called for during such period by this Section 2(a), Section 2(b) and Section 2(c)2.

Appears in 1 contract

Samples: Bti Telecom Corp

Dividends in Stock Adjustment. In case at any time or and from time ----------------------------- to time on or after the date hereof the holders of the Common Stock or Warrant Stock of the Company (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cash) of the Company by way of dividend or distribution, then and in each case, the Holder holder of this Warrant shall, upon the exercise hereof, be entitled to receive, in addition to the number of Warrant Shares receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cash) of the Company which such Holder holder would hold on the date of such exercise had it been the holder of record of such Common Stock Shares on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares Shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this Section 2(a), Section 2(b) and Section 2(c)2.

Appears in 1 contract

Samples: Total Sports Inc

Dividends in Stock Adjustment. In case at any time or from time to time on or after the date hereof and while this Warrant is outstanding and unexpired, the holders of the Common Stock of the Company (or any shares of stock Common Stock or other securities at the time receivable upon the exercise of this Warrant) Warrant shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cash) of the Company by way of dividend or distribution, then and in each case, the Holder holder of this Warrant shall, upon the exercise hereof, be entitled to receive, in addition to the number of shares of Warrant Shares Stock receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cash) of the Company which such Holder holder would hold on the date of such exercise have been entitled to receive if it had it been the holder of record of such Common Stock exercised this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares Shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this Section 2(a), Section 2(b) and Section 2(c)2.

Appears in 1 contract

Samples: Common Stock Warrant (Synergy CHC Corp.)

Dividends in Stock Adjustment. In case at any time or from time to time on or after the date hereof the holders Holders of the Common Series E Convertible Preferred Stock of the Company (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cash) of the Company by way of dividend or distribution, then and in each case, the Holder holder of this Warrant shall, upon the exercise hereof, be entitled to receive, in addition to the number of shares of Warrant Shares Stock receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cash) of the Company which such Holder holder would hold on the date of such exercise had it been the holder of record of such Common shares of Warrant Stock on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this subsection 2.1 and subsections 2.2 and 2.3 of this Section 2(a), Section 2(b) and Section 2(c)2.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Accentia Biopharmaceuticals Inc)

Dividends in Stock Adjustment. In case at any time or from time to time on or after the date hereof and while this Warrant is outstanding and unexpired, the holders of the Common Stock of the Company (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) Warrant shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cash) of the Company by way of dividend or distributiondistribution (except for dividends or distributions specifically provided for below in Section 2.2), then and in each case, the Holder holder of this Warrant shall, upon the exercise hereof, be entitled to receive, in addition to the number of shares of Warrant Shares Stock receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cash) of the Company which such Holder holder would hold on the date of such exercise have been entitled to receive if it had it been the holder of record of such Common Stock exercised this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares Shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this Section 2(a), Section 2(b) and Section 2(c)2.

Appears in 1 contract

Samples: Aytu Bioscience, Inc

Dividends in Stock Adjustment. In case at any time or from time to time on or after the date hereof the holders of the Common Stock Series Preferred of the Company (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cash) of the Company by way of dividend or distributiondistribution (except for distributions specifically provided for below in Section 2.3) then, then and in each case, the Holder holder of this Warrant shall, upon the exercise hereof, be entitled to receive, in addition to the number of shares of Warrant Shares Stock receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cash) of the Company which such Holder holder would hold on the date of such exercise had it been the holder of record of such Common Stock stock on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this Section 2(a), Section 2(b) and Section 2(c)2.

Appears in 1 contract

Samples: PhaseBio Pharmaceuticals Inc

Dividends in Stock Adjustment. In case at any time or from time ----------------------------- to time on or after the date hereof the holders of the Common Stock of the Company (or any shares of stock or other securities at the time receivable upon the exercise of this Warrant) shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment thereforetherefor, other or additional securities or other property (other than cash) of the Company by way of dividend or distribution, then and in each case, the Holder holder of this Warrant shall, upon the exercise hereof, be entitled to receive, in addition to the number of Warrant Shares shares of Common Stock receivable thereupon, and without payment of any additional consideration thereforetherefor, the amount of such other or additional securities or other property (other than cash) of the Company which such Holder holder would hold on the date of such exercise had it been the holder of record of such Common Stock on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional securities or other property receivable by it as aforesaid during such period, giving effect to all adjustments called for during such period by this subsection 2.1 and subsections 2.2, 2.3, 2.4 and 2.5 of this Section 2(a), Section 2(b) and Section 2(c)2.

Appears in 1 contract

Samples: Total Sports Inc

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