Common use of Options, Rights, Warrants and Convertible and Exchangeable Securities Clause in Contracts

Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the Company shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, for a consideration per share less than the Exercise Price immediately prior to the issuance of such options, rights or warrants (excluding shares of Common Stock issuable upon exercise of options, warrants or conversion rights granted as of the date hereof), or such convertible or exchangeable securities, or without consideration, the Exercise Price in effect immediately prior to the issuance of such options, rights or warrants, or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provision of Section 2.7 (a) hereof, provided that:

Appears in 1 contract

Samples: Hertz Technology Group Inc

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Options, Rights, Warrants and Convertible and Exchangeable Securities. (i) In case the Company shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of Common StockStock (collectively, "Options" and individually, an "Option"), or issue any securities convertible into or exchangeable for shares of Common StockStock (collectively, "Convertible Securities" and individually, "Convertible Security"), for a consideration per share less than the Exercise Price in effect immediately prior to the issuance of such options, rights or warrants (excluding shares of Common Stock issuable upon exercise of options, warrants or conversion rights granted as of the date hereof), Options or such convertible or exchangeable securitiesConvertible Securities, or without consideration, the Exercise Price in effect immediately prior to the issuance of such options, rights or warrants, Options or such convertible or exchangeable securitiesConvertible Securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provision provisions of Section 2.7 (a4(a) hereof, provided that:

Appears in 1 contract

Samples: Vasomedical Inc

Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the Company shall at any time after the date hereof (except pursuant to an employee or director benefit plan approved by a majority of the Company’s entire Board of Directors) issue options, rights or warrants to purchase or subscribe for for, or exercisable for, shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, for a consideration per share less than the Exercise Market Price for Common Stock immediately prior to the issuance of such options, rights or warrants (excluding shares of Common Stock issuable upon exercise of optionsrights, warrants or conversion rights granted as of the date hereof), or such convertible or exchangeable securities, or without consideration, the Common Stock Exercise Price in effect immediately prior to the issuance of such options, rights rights, warrants or warrants, or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provision provisions of Section 2.7 (a) 8.1 hereof; provided, provided however, that:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Xto Energy Inc)

Options, Rights, Warrants and Convertible and Exchangeable Securities. In Except as provided herein, in case the Company shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, : (i) for a consideration per share less than both the (a) Exercise Price in effect immediately prior to the issuance of such options, rights or warrants, or such convertible or exchangeable securities, and (b) the Market Price immediately prior to the issuance of such options, rights or warrants (excluding shares of Common Stock issuable upon exercise of options, warrants or conversion rights granted as of the date hereof)warrants, or such convertible or exchangeable securities, or (ii) without consideration, the Exercise Price in effect immediately prior to the issuance of such options, rights or warrants, or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a computation in accordance with the provision provisions of Section 2.7 (a) 8.1 hereof, provided that:

Appears in 1 contract

Samples: Purchase Warrant Agreement (Nuwave Technologies Inc)

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Options, Rights, Warrants and Convertible and Exchangeable Securities. In case the Company shall at any time after the date hereof issue options, rights or warrants to subscribe for shares of Common Stock, or issue any securities convertible into or exchangeable for shares of Common Stock, for a consideration per share (determined as provided in Section 6.1 and as provided below) less than the Exercise Price immediately prior to Company's book value per share determined as of the Company's most recent audited Balance Sheet or without consideration (including the issuance of any such options, rights securities by way of dividend or warrants (excluding shares of Common Stock issuable upon exercise of options, warrants or conversion rights granted as of the date hereofother distribution), or such convertible or exchangeable securities, or without consideration, the Exercise Price in effect immediately prior to the issuance of such options, rights or warrants, or such convertible or exchangeable securities, as the case may be, shall be reduced to a price determined by making a the computation in accordance with the provision of Section 2.7 (a) 6.1 hereof, provided that:

Appears in 1 contract

Samples: Warren Resources Inc

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