Other Anti-Dilution Provisions. To the extent that LLCP or any of its Affiliates holds this Warrant, in whole or in part, at any time at which the Company takes any action which would have resulted in an adjustment to the Warrant Purchase Price, or the number of shares of Common Stock issuable pursuant to this Warrant (in either event, a "Dilutive Issuance"), then, to the extent that LLCP has exercised all or any portion of this Warrant prior to such time, the Company shall immediately issue to LLCP upon such Dilutive Issuance, without the payment of any further consideration of any kind, such number of additional shares of Common Stock as shall equal the difference between (i) the number of shares of Common Stock issuable upon exercise of this Warrant to the extent held unexercised by LLCP at such time after giving effect to the adjustment thereto resulting from such Dilutive Issuance and (ii) the number of shares of Common Stock which would have been issuable upon exercise of this Warrant after giving effect to such Dilutive Issuance if this Warrant had not been exercised in any part.
Other Anti-Dilution Provisions. If the Company has issued or ------------------------------ issues any securities on or after the Original Issuance Date containing provisions protecting the holder or holders thereof against dilution in any manner more favorable to such holder or holders thereof than those set forth in this Section 4, such provisions (or any more favorable portion thereof) shall be deemed to be incorporated herein as if fully set forth in this Warrant and, to the extent inconsistent with any provision of this Warrant, shall be deemed to be substituted therefor.
Other Anti-Dilution Provisions. To the extent that LLCP or any of its Affiliates holds this Warrant, in whole or in part, at any time the Company takes any action which results in an adjustment to the Warrant Purchase Price, or the number of shares of Common Stock issuable pursuant to this Warrant (in either event, a “Dilutive Issuance”), then, to the extent that LLCP has exercised all or any portion of this Warrant prior to such time (including the partial exercise of this Warrant on or about the date of restatement and issuance hereof), the Company shall immediately issue to LLCP upon such Dilutive Issuance, without the payment of any further consideration of any kind, such number of additional shares of Common Stock as shall equal the difference between (i) the number of shares of Common Stock issuable upon the exercise of this Warrant to the extent held unexercised by LLCP at such time after giving effect to the adjustment resulting from such Dilutive Issuance and (ii) the number of shares of Common Stock which would have been issuable upon exercise of this Warrant at such time after giving effect to the adjustment resulting from such Dilutive Issuance assuming this Warrant had not been exercised in any part (i.e., assuming this Warrant had not been partially exercised on or about the date of restatement and issuance hereof).
Other Anti-Dilution Provisions. To the extent that Xxxxxx Xxxxxxxxx Capital Partners II, L.P. or any of its Affiliates (collectively, "LLCP") continues to hold this Warrant, in whole or in part, at any time at which the Company takes any action which would have resulted in an adjustment to the exercise price of, and the number of shares of Capital Stock issuable pursuant to, this Warrant or conversion of the Class C Preferred (a "DILUTIVE ISSUANCE"), then, to the extent that LLCP has exercised all or any portion of this Warrant prior to such time, the Company shall immediately issue to LLCP upon such Dilutive Issuance, without the payment of any further consideration of any kind, such number of additional shares of Capital Stock as shall equal the difference between (i) the number of shares of Capital Stock issuable upon the exercise of this Warrant to the extent held unexercised by LLCP at such time after giving effect to the adjustment thereto resulting from such Dilutive Issuance and (ii) the number
Other Anti-Dilution Provisions. If the Trust issues any securities on or after the Series C Conversion Date containing provisions protecting the holders thereto against dilution in any manner more favorable to such holders thereof than those set forth in this Section 6.5, such more favorable portions thereof shall be deemed to be incorporated herein as if fully set forth in this Section 6.5, and to the extent inconsistent with any provisions of this Section 6.5, shall be deemed to be substituted therefor.
Other Anti-Dilution Provisions. If the Company has issued or issues any securities of the Company to a financial institution, lender, other credit provider, leasing company or other lessor in connection with the provisions of any financing or lending agreements, containing provisions (including, without limitation, any of the terms of pricing, exercise price, anti-dilution and registration rights) which are more favorable than those set forth herein, the Company will make such provisions (or any more favorable portion thereof) available to the Holder and will enter into amendments necessary to confer such rights on the Holder.
Other Anti-Dilution Provisions. If the Company has issued or issues any securities of the Company to a financial institution, lender, other credit provider, leasing company or other lessor in connection with the provisions of any financing or lending agreements, containing provisions (including, without limitation, anti-dilution and registration rights) which are more favorable than those set forth herein, the Company will make such provisions (or any more favorable portion thereof) available to the Holder and will enter into amendments necessary to confer such rights on the Holder. Notwithstanding the foregoing, any adjustment to the Exercise Price or number of shares of Warrant Stock shall be made only pursuant to and in accordance with Section 4 of this Warrant.
Other Anti-Dilution Provisions. If the Trust has issued or issues any securities on or after the Date of Issuance containing provisions protecting the holders thereof against dilution in any manner more favorable to such holders thereof than those set forth in this Warrant, such more favorable portions thereof shall be deemed to be incorporated herein as if fully set forth in this Warrant and, to the extent inconsistent with any provisions of this Warrant, shall be deemed to be substituted therefor.
Other Anti-Dilution Provisions. If the Company has issued or issues any securities containing provisions protecting the holder or holders thereof against dilution in any manner more favorable to such holder or holders thereof than those set forth in this Section 7, such provisions (or any more favorable portion thereof) shall be deemed to be incorporated herein as if fully set forth in this Warrant and, to the extent inconsistent with any provision of this Warrant, shall be deemed to be substituted therefor.
Other Anti-Dilution Provisions. (1) If the Company has issued or issues any securities on or after April 14, 2000 containing provisions protecting the holder or holders thereof against dilution in any manner more favorable to such holder or holders thereof than those set forth in this Section 7(d), such provisions (or any more favorable portion thereof) shall be deemed to be incorporated herein as if fully set forth in this Certificate of Designations and, to the extent inconsistent with any provision of this Certificate of Designations, shall be deemed to be substituted therefor; or (2) if any event occurs as to which the foregoing provisions of this Section 7(d) are not strictly applicable or, if strictly applicable, would not fairly and adequately protect the conversion rights of the holders of the Series D Preferred Stock in accordance with the essential intent and principles of such provisions, then the Board of Directors shall make such adjustments in the application of such provisions, in accordance with such essential intent and principles, as shall be reasonably necessary to protect such purchase rights as aforesaid, but in no event shall any such adjustment have the effect of increasing the Conversion Price or decreasing the number of shares of Common Stock issuable upon the conversion of the Series D Preferred Stock.
