Common use of Other Dilutive Events Clause in Contracts

Other Dilutive Events. In case any event shall occur as to which the provisions of Section 3 or Section 4 hereof are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder in accordance with the essential intent and principles of such Sections, then, in each such case, the Board of Directors of the Company shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to preserve, without dilution, the purchase rights represented by this Warrant.

Appears in 19 contracts

Samples: Securities Purchase Agreement (Datatec Systems Inc), Restructure Agreement (NTN Communications Inc), Securities Purchase Agreement (NTN Communications Inc)

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Other Dilutive Events. In case any event shall occur as to which the provisions of Section 3 or Section 4 hereof are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder in accordance with the essential intent and principles of such Sections, then, then in each such case, the Board of Directors of the Company shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to preserve, without dilution, the purchase rights represented by this Warrant.

Appears in 13 contracts

Samples: www.sec.gov, Financing Agreement (DSW Inc.), Financing Agreement (Retail Ventures Inc)

Other Dilutive Events. In case any event shall occur as to which which, the provisions of Section 3 or Section 4 hereof are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder in accordance with the essential intent and principles of such Sections, then, in each such case, the Board of Directors of the Company Corporation shall make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to preserve, without dilution, the purchase rights represented by this Warrant.

Appears in 8 contracts

Samples: General Datacomm Industries Inc, Outsource International Inc, General Datacomm Industries Inc

Other Dilutive Events. In case any event shall occur as to which the provisions of Section 3 or Section 4 hereof preceding subsections 4.1 through 4.3 are not strictly applicable or if strictly applicable but as to which the failure to make any adjustment would not fairly protect the purchase rights of the Holder represented by this Warrant in accordance with the essential intent and principles of such Sections, hereof then, in each such case, the Board of Directors of the Company shall make an adjustment in the application of such provisionsshall, in accordance with such essential intent and principlesgood faith, so as determine what adjustments are necessary to preserve, without dilution, preserve the purchase rights of the Holder represented by this Warrant. The Company will notify the Holder of any such adjustments.

Appears in 6 contracts

Samples: Viryanet LTD, Viryanet LTD, Viryanet LTD

Other Dilutive Events. In case any event shall occur as to which the provisions of Section 3 or Section 4 hereof are not strictly applicable or if strictly applicable would not not, in the reasonable judgment of the Board of Directors, fairly protect the purchase rights of the Holder represented by this Warrant in accordance with the essential intent and principles of such Sections, then, in each such case, the Board of Directors of the Company shall shall, in good faith, make an adjustment in the application of such provisions, in accordance with such the essential intent and principlesprinciples hereof, so as to preserve, without dilution, the purchase rights represented by this Warrant.

Appears in 3 contracts

Samples: Registration Rights Agreement (Atp Oil & Gas Corp), Registration Rights Agreement (Atp Oil & Gas Corp), Pledge and Security Agreement (Inamed Corp)

Other Dilutive Events. In case any event shall occur as to which the provisions of Section 3 or Section 4 hereof are not strictly applicable or if strictly applicable would not not, in the reasonable judgment of the board of directors of the Company, fairly protect the purchase rights of the Holder represented by this Warrant in accordance with the essential intent and principles of such Sections, then, in each such case, the Board board of Directors directors of the Company shall shall, in good faith, make an adjustment in the application of such provisions, in accordance with such the essential intent and principles, principles hereof so as to preserve, without dilution, the purchase rights represented by this Warrant.

Appears in 2 contracts

Samples: Hypercom Corp, Hypercom Corp

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Other Dilutive Events. In case any event shall occur as to which the provisions of Section 3 5 or Section 4 6 hereof are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder in accordance with the essential intent and principles of such Sections, then, in each such case, the Board of Directors of the Company shall in good faith make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to preserve, without dilution, the purchase rights represented by this Warrant.

Appears in 2 contracts

Samples: Hauser Inc, Hauser Inc

Other Dilutive Events. In case any event shall occur as to which the provisions of Section 3 or Section 4 hereof are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder in accordance with the essential intent and principles of such Sections, then, in each such case, the Board of Directors of the Company shall in good faith make an adjustment in the application of such provisions, in accordance with such essential intent and principles, so as to preserve, without dilution, the purchase rights represented by this Warrant.

Appears in 1 contract

Samples: Kerr Group Inc

Other Dilutive Events. In case any event shall occur as to which which, in the sole opinion of the Board of Directors of the Company, the provisions of Section 3 or Section 4 hereof are not strictly applicable or if strictly applicable would not fairly protect the purchase rights of the Holder represented by this Warrant in accordance with the essential intent and principles of such Sections, then, in each such case, the Board of Directors of the Company shall make an adjustment adjustment, which adjustment, if any, will be final, in the application of such provisions, in accordance with such the essential intent and principles, as determined by the Board of Directors, so as to preserve, without dilution, the purchase rights represented by this Warrant.

Appears in 1 contract

Samples: Escrow Agreement (Icg Communications Inc /De/)

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