Other Actions Affecting Common Stock Sample Clauses
The "Other Actions Affecting Common Stock" clause defines how certain corporate actions, aside from standard stock issuances or transfers, can impact the rights, value, or structure of common stock. This may include events such as stock splits, mergers, recapitalizations, or the issuance of new classes of shares, all of which can alter the number of shares outstanding or the relative ownership percentages of shareholders. By addressing these scenarios, the clause ensures that the interests of common stockholders are considered and protected when the company undertakes significant actions that could affect their holdings, thereby providing clarity and fairness in the management of equity.
Other Actions Affecting Common Stock. 17 5.7 MISCELLANEOUS...............................................................................17
Other Actions Affecting Common Stock. (a) If at any time or from time to time the Company shall take any action affecting its Common Stock, other than any action of a type otherwise described in this Article IV, then the number of Note Warrant Shares issuable upon exercise of each Note Warrant shall be adjusted to such extent, if any, and in such manner and at such time, as the Board shall, in the good faith, exercise of its reasonable business judgement, determine to be equitable in the circumstances; provided, however, that no such adjustment shall decrease the number of Note Warrant Shares issuable upon exercise of such Note Warrant or increase the Exercise Price.
(b) The Company will not, by amendment of its certificate or articles of incorporation or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company; provided, however, that the Company shall not be deemed to be avoiding or seeking to avoid observance or performance solely because any action otherwise in compliance with this Note Warrant Agreement is structured so as to avoid the need for, or to minimize the extent of, any adjustment under this Article IV. The Company shall at all times in good faith assist in the carrying out of all the provisions of this Article IV and in the taking of all such action as may be necessary or reasonably appropriate in order to protect the exercise rights of the Holders against impairment.
Other Actions Affecting Common Stock. If there occurs, other than as described in Section 2(f)(i), any merger, business combination, recapitalization, reclassification, subdivision or combination approved by the Board of Directors of the Company (the “Board”) that would result in the persons who were shareholders of the Company immediately prior to the effective time of any such transaction owning or holding, in lieu of or in addition to shares of Common Stock, other securities, money and/or property (or the right to receive other securities, money and/or property) immediately after the effective time of such transaction, then the Phantom Stock Awards shall be adjusted by the Committee in such manner and at such time as shall be equitable under the circumstances. It is intended that in the event of any such transaction, the Phantom Stock Awards shall entitle the Participant to receive, in lieu of or in addition to the cash value of shares of Common Stock, the cash value of any other securities, money and/or property receivable upon consummation of any such transaction by holders of Common Stock with respect to each share of Common Stock outstanding immediately prior to the effective time of such transaction; upon any such adjustment, the Participant shall have only the right to receive, in lieu of or in addition to, the cash value of shares of Common Stock, the cash value of such other securities, money and/or other property as provided by the adjustment.
Other Actions Affecting Common Stock. In case at any time or from time to time the Company shall take any action in respect of its Common Stock which would have a materially adverse effect upon the rights of a holder of this Warrant or the economic value of this Warrant, then the number of shares of Common Stock for which this Warrant is exercisable and/or the Current Warrant Price thereof shall be adjusted in such manner as is equitable in the circumstances.
Other Actions Affecting Common Stock