Exercise Price   ·                  ▇▇▇▇▇ Warrants Clause Samples

Exercise Price   ·                  ▇▇▇▇▇ Warrants. The ▇▇▇▇▇ Warrants shall have an exercise price of $0.01. The Closing Date Warrants shall have an exercise price equal to · Cash Warrants $8.10 (which is the most recent “Current Market Value” for the Common Stock delivered by the ESOP Trustee and determined in accordance with the ESOP Documents and used to value the Common Stock in accordance with the administration of the ESOP), provided, however, that, if a subsequent valuation (a “Subsequent Valuation”) is delivered by the ESOP Trustee to the Company prior to Closing and such Subsequent Valuation was (i) conducted by an the independent third party valuation firm then retained by the ESOP Trustee to perform valuations of the Common Stock in accordance with the terms of the ESOP and in the ordinary course consistent with past practice and (ii) made on a pro forma basis after giving effect to the transactions contemplated by the Refinancing Agreement, such Subsequent Valuation shall be used to determine the exercise price for the Closing Date Warrants. The Company shall use its commercially reasonable efforts to cause the ESOP Trustee to deliver to the Company valuations of the Company for purposes of establishing the exercise prices for the 1st Anniversary Warrants and the 2nd Anniversary Warrants. Each valuation shall be delivered to the Company and the Warrant Agent no later than one month, and shall be as of a date no earlier than six months, prior to the day that the 1st Anniversary Warrants and the 2nd Anniversary Warrants first become exercisable (as applicable, the “Delayed Exercise Dates”). These valuations shall be the same valuations used for the purpose of valuing the Common Stock in connection with the ESOP and for all other then present purposes for which a valuation of the Common Stock is required or advisable (including for investment of elective deferrals, rollover contributions, employee ESOP contributions and the Company’s profit sharing and matching contribution obligations). To the extent the ESOP Trustee has not timely delivered either of the valuations to be used for the Delayed Exercise Dates, the valuation used for the 1st Anniversary Warrants and 2nd Anniversary Warrants shall be determined by the Warrant Agent based on one of the following, at the election of the Warrant Agent (in each case, at the direction of the holders of the majority of outstanding Warrants): (i) (a) in the case of the Delayed Exercise Date pertaining to the 1st Anniversary Warrants, the Closing Date Valuat...
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Related to Exercise Price   ·                  ▇▇▇▇▇ Warrants

  • Adjustment of Exercise Price and Number of Warrant Shares Issuable The Exercise Price and the number of Warrant Shares issuable upon the exercise of each Warrant are subject to adjustment from time to time upon the occurrence of the events enumerated in this Section 10. For purposes of this Section 10, "Common Stock" means shares now or hereafter authorized of any class of common stock of the Company and any other stock of the Company, however designated, that has the right (subject to any prior rights of any class or series of preferred stock) to participate in any distribution of the assets or earnings of the Company without limit as to per share amount.

  • Adjustments of Exercise Price and Number of Warrant Shares The number and kind of securities purchasable upon the exercise of this Warrant and the Exercise Price shall be subject to adjustment from time to time upon the happening of any of the following. In case the Company shall (i) pay a dividend in shares of Common Stock or make a distribution in shares of Common Stock to holders of its outstanding Common Stock, (ii) subdivide its outstanding shares of Common Stock into a greater number of shares, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock, or (iv) issue any shares of its capital stock in a reclassification of the Common Stock, then the number of Warrant Shares purchasable upon exercise of this Warrant immediately prior thereto shall be adjusted so that the Holder shall be entitled to receive the kind and number of Warrant Shares or other securities of the Company which it would have owned or have been entitled to receive had such Warrant been exercised in advance thereof. Upon each such adjustment of the kind and number of Warrant Shares or other securities of the Company which are purchasable hereunder, the Holder shall thereafter be entitled to purchase the number of Warrant Shares or other securities resulting from such adjustment at an Exercise Price per Warrant Share or other security obtained by multiplying the Exercise Price in effect immediately prior to such adjustment by the number of Warrant Shares purchasable pursuant hereto immediately prior to such adjustment and dividing by the number of Warrant Shares or other securities of the Company resulting from such adjustment. An adjustment made pursuant to this paragraph shall become effective immediately after the effective date of such event retroactive to the record date, if any, for such event.

  • ADJUSTMENT OF EXERCISE PRICE AND NUMBER OF WARRANT SHARES The Exercise Price and the number of Warrant Shares shall be adjusted from time to time as follows:

  • Exercise Price The exercise price per share of Common Stock under this Warrant shall be $_____, subject to adjustment hereunder (the “Exercise Price”).

  • Adjustment of Exercise Price and Number of Shares The number of and kind of securities purchasable upon exercise of this Warrant and the Exercise Price shall be subject to adjustment from time to time as follows: