Common use of Notice of Adjustment Event Clause in Contracts

Notice of Adjustment Event. In the event that the Company shall propose after the Second Merger Effective Time to take any action of the type described in this Section 4 (but only if the action of the type described in this Section 4 would result in an adjustment in the Exercise Price or the number of shares of Common Stock into which Warrants are exercisable or a change in the type of securities or property to be delivered upon exercise of Warrants), the Company shall give notice to the holders of Warrants, in the manner set forth in Section 4.9(a), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of any Warrants. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Without limiting the foregoing, to the extent notice of any of the foregoing actions or events is given to the holders of the Common Stock, such notice shall be provided to the holders of the Warrants on or before such notice to the holders of Common Stock.

Appears in 3 contracts

Samples: Warrant Agreement (Ares Management LLC), Warrant Agreement (BioScrip, Inc.), Warrant Agreement (Ares Management LLC)

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Notice of Adjustment Event. In the event that the Company shall propose after the Second Merger Effective Time to take any action of the type described in this Section 4 (but only if the action of the type described in this Section 4 would result in an adjustment in the Exercise Price or the number of shares of Common Stock into which Warrants are exercisable or a change in the type of securities or property to be delivered upon exercise of Warrants), the Company shall give notice to the holders of Warrants, in the manner set forth in Section 4.9(a), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of any Warrants. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Without limiting the foregoing, to the extent notice of any of the foregoing actions or events is given to the holders of the Common Stock, such notice shall be provided to the holders of the Warrants on or before such notice to the holders of Common Stock.

Appears in 3 contracts

Samples: Warrant Agreement (BioScrip, Inc.), Agreement and Plan of Merger (BioScrip, Inc.), Warrant Agreement (BioScrip, Inc.)

Notice of Adjustment Event. In the event that the Company Corporation shall propose after the Second Merger Effective Time to take any action of the type described in this Section 4 12 (but only if the action of the type described in this Section 4 12 would result in an adjustment in the Exercise Price or the number of shares of Common Stock Warrant Shares into which Warrants are this Warrant is exercisable or a change in the type of securities or property to be delivered upon exercise of Warrantsthis Warrant), the Company Corporation shall give provide written notice to the holders of Warrants, in the manner set forth in Section 4.9(a)each Warrantholder, which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of any Warrantsthis Warrant. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in . In case of all other action, such notice shall be given at least 15 10 days prior to the taking of such proposed action unless the Corporation reasonably determines in good faith that, given the nature of such action. Without limiting , the foregoingprovision of such notice at least 10 days in advance is not reasonably practicable from a timing perspective, to the extent notice of any of the foregoing actions or events is given to the holders of the Common Stock, in which case such notice shall be provided given as far in advance prior to the holders taking of the Warrants on or before such notice to the holders of Common Stockproposed action as is reasonably practicable from a timing perspective.

Appears in 2 contracts

Samples: Framework Agreement (Amerisourcebergen Corp), Shareholders Agreement (Walgreen Co)

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Notice of Adjustment Event. In the event that the Company shall propose after the Second Merger Effective Time to take any action of the type described in this Section 4 (but only if the action of the type described in this Section 4 would result in an adjustment in the Exercise Price or the number of shares of Common Stock into which Warrants are exercisable or a change in the type of securities or property to be delivered upon exercise of Warrants), the Company shall give notice to the holders of Warrants, in the manner set forth in Section 4.9(a4.8(a), which notice shall specify the record date, if any, with respect to any such action and the approximate date on which such action is to take place. Such notice shall also set forth the facts with respect thereto as shall be reasonably necessary to indicate the effect on the Exercise Price and the number, kind or class of shares or other securities or property which shall be deliverable upon exercise of any Warrants. In the case of any action which would require the fixing of a record date, such notice shall be given at least 10 days prior to the date so fixed, and in case of all other action, such notice shall be given at least 15 days prior to the taking of such proposed action. Without limiting the foregoing, to the extent notice of any of the foregoing actions or events is given to the holders of the Common Stock, such notice shall be provided to the holders of the Warrants on or before such notice to the holders of Common Stock.

Appears in 2 contracts

Samples: Warrant Agreement (Coliseum Capital Management, LLC), Warrant Agreement (BioScrip, Inc.)

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