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 2 or Section 3 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such Sections, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may be the regular auditors of the Company), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections 2 and 3, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder and shall make the adjustments described therein.

Appears in 7 contracts

Samples: Management and Consulting Agreement (Rsi Systems Inc/Mn), Marketing Agreement (Rsi Systems Inc/Mn), Wexford Management LLC

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Other Dilutive Events. In case any event shall occur as to which the provisions of Section 2 or Section 3 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such Sectionssections, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may be the regular auditors of the Company), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections 2 and 3, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder holder of this Warrant and shall make the adjustments described therein.

Appears in 6 contracts

Samples: Warrant And (Bedford Capital Financial Corp), Warrant And (Bedford Capital Financial Corp), PMC International Inc

Other Dilutive Events. In case any event shall occur as to which --------------------- the provisions of Section 2 or Section 3 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such Sections, then, then in each such case, case the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may be the regular auditors of the Company), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections 2 and 3, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder and shall make the adjustments described therein.

Appears in 4 contracts

Samples: Polyphase Corp, Polyphase Corp, Polyphase Corp

Other Dilutive Events. In case any an event shall occur as to which the provisions of Section 2 or Section 3 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such SectionsSection, then, in each such case, the Company shall appoint appoint, at the Company’s expense, a firm of independent certified public accountants of recognized national standing (which may be the regular auditors of the Company), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections 2 and 32, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder and shall make the adjustments described therein.

Appears in 3 contracts

Samples: Viseon Inc, Viseon Inc, Viseon Inc

Other Dilutive Events. In case any event shall occur as to which --------------------- the provisions of Section section 2 or Section section 3 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such Sectionssections, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may be the regular auditors of the Company), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections sections 2 and 3, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder holder of this Warrant and shall make the adjustments described therein.

Appears in 3 contracts

Samples: Letter Agreement (Information Management Associates Inc), Synbiotics Corp, Information Management Associates Inc

Other Dilutive Events. In case any event shall occur as to which the provisions of Section section 2 or Section section 3 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such Sectionssections, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may such firm to be subject to the regular auditors approval of the CompanyHolder), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections sections 2 and 3, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder and shall make the adjustments described therein.

Appears in 3 contracts

Samples: Common Stock Purchase (Cyber Dialogue Inc), Common Stock Purchase (Cyber Dialogue Inc), Common Stock Purchase (Wand Partners Sc Inc)

Other Dilutive Events. In case any event shall occur as to which the provisions of Section 2 or Section 3 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such Sectionssections, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may be the regular auditors of the Company), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections 2 and 3, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, opinion the Company will promptly mail a copy thereof to the Holder holder of this Warrant and shall make the adjustments described therein.

Appears in 3 contracts

Samples: Data Transmission Network Corp, Data Transmission Network Corp, Data Transmission Network Corp

Other Dilutive Events. In case any event shall occur as to which the provisions of Section section 2 or Section section 3 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such Sectionssections, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may be the regular auditors of the Company), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections sections 2 and 3, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder holder of this Warrant and shall make the adjustments described therein.

Appears in 3 contracts

Samples: Banque Paribas, Network Plus Corp, Banque Paribas

Other Dilutive Events. In case any event shall occur as to which the provisions of Section 2 or Section 3 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such SectionsSection, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may be the regular auditors of the Company), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections 2 and 32, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder and shall make the adjustments described therein.

Appears in 2 contracts

Samples: Viseon Inc, Viseon Inc

Other Dilutive Events. In case any event shall occur as to which the provisions of Section 2 3 or Section 3 4 hereof are not strictly applicable but the failure to make any adjustment or if strictly applicable would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such Sections, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may shall be reasonably acceptable to the regular auditors of the CompanyHolder), which shall give their opinion upon on the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections 2 and Section 3, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will shall promptly mail a copy thereof to the Holder and shall make the adjustments described therein.

Appears in 2 contracts

Samples: Source Interlink Companies Inc, Source Interlink Companies Inc

Other Dilutive Events. In case any event shall occur as to which the provisions of Section 2 Article II or Section 3 III are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such Sectionssections, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may be the regular auditors of the Company), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections 2 Articles II and 3III, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder holder of this Warrant and shall make the adjustments described therein.

Appears in 2 contracts

Samples: Warrant Purchase Agreement (Allis Chalmers Corp), Warrant Purchase Agreement (Allis Chalmers Corp)

Other Dilutive Events. In case any event shall occur as to which the provisions of Section 2 or Section 3 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such Sections, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may be the regular independent auditors of the Company), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections 2 and 3, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder holder of this Warrant and shall make the adjustments described therein.

Appears in 2 contracts

Samples: Common Stock Purchase Warrant (Insurance Partners Lp), Stock Purchase Agreement (Superior National Insurance Group Inc)

Other Dilutive Events. In case any an event shall occur as to which the provisions of Section 2 or Section 3 4 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such SectionsSection, then, in each such case, the Company shall appoint appoint, at the Company’s expense, a firm of independent certified public accountants of recognized national standing (which may be the regular auditors of the Company), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections 2 and 3Section 4, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder and shall make the adjustments described therein.

Appears in 1 contract

Samples: Players Network

Other Dilutive Events. In case any event shall occur as to which the provisions of Section section 2 or Section section 3 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such Sectionssections, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may such firm to be subject to the regular auditors approval of the CompanyTSA), which shall give their opinion upon regarding the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections sections 2 and 3, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder holder of this Warrant and shall make the adjustments described therein.

Appears in 1 contract

Samples: Transaction Systems Architects Inc

Other Dilutive Events. In case any event shall occur as to which --------------------- the provisions of Section section 2 or Section section 3 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such Sectionssections, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may such firm to be subject to the regular auditors approval of the CompanyHolder), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections sections 2 and 3, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder and shall make the adjustments described therein.

Appears in 1 contract

Samples: Common Stock Purchase (Information Management Associates Inc)

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Other Dilutive Events. In case any event shall occur as to which --------------------- the provisions of Section 2 3 or Section 3 4 are not strictly applicable but the failure to make any adjustment or if strictly applicable would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such Sections, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may be the regular auditors of the Company), which shall give their opinion upon on the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections 2 3 and 34, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will shall promptly mail a copy thereof to the Holder and shall make the adjustments described therein.

Appears in 1 contract

Samples: Wellington Properties Trust

Other Dilutive Events. In case any event shall occur as to --------------------- which the provisions of Section 2 or Section 3 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such Sections, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may be the regular auditors of the Company), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections 2 and 3, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder and shall make the adjustments described therein.

Appears in 1 contract

Samples: Polyphase Corp

Other Dilutive Events. In case any event shall occur as to which the other provisions of Section 2 or Section 3 this ARTICLE IV are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such Sectionshereof, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may be the regular auditors of the Company), which shall give their opinion upon as to the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections 2 and 3this Article IV, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder holder of this Warrant and shall make the adjustments described therein.

Appears in 1 contract

Samples: Registration Rights Agreement (Dimeling Schreiber & Park)

Other Dilutive Events. In case any event shall occur as to which the provisions of Section section 2 or Section section 3 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such Sectionssections, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may be the regular auditors of the Company), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections sections 2 and 3, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, opinion the Company will promptly mail a copy thereof to the Holder holder of this Warrant and shall make the adjustments described therein. 5.

Appears in 1 contract

Samples: Common Stock Purchase Warrant (Dixon Ticonderoga Co)

Other Dilutive Events. In case If any event shall occur as to which the other provisions of Section 2 or this Section 3 are not strictly applicable but as to which the failure to make any an adjustment of the nature provided for in this Section 3 would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such Sectionshereof, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may be the regular auditors of the Company), which shall give their opinion upon as to the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections 2 and this Section 3, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Registered Holder and shall make the adjustments described therein.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Spyglass Inc)

Other Dilutive Events. In case any event shall occur as to which the provisions of Section 2 or Section 3 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such Sections, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may be the regular auditors of the Company), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections 2 and 3, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder and shall make the adjustments described therein.this

Appears in 1 contract

Samples: First New England Dental Centers Inc

Other Dilutive Events. In case If any event shall occur occurs as to which the other --------------------- provisions of Section 2 or Section 3 this Article IV are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such Sectionshereof, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may be the Company's regular auditors of the Company), auditors) which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections 2 and 3this Article IV, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will shall promptly mail a copy thereof to the Holder and shall make the adjustments described therein.

Appears in 1 contract

Samples: Common Stock Subscription Agreement (Solopoint Inc)

Other Dilutive Events. In case any event shall occur as to which the other provisions of Section 2 or Section 3 this ARTICLE IV are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such Sectionshereof, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may be the regular auditors of the Company), which shall give their opinion upon as to the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections 2 and 3this ARTICLE IV, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder holder of this Warrant and shall make the adjustments described therein.

Appears in 1 contract

Samples: Nutraceutical International Corp

Other Dilutive Events. In case any event shall occur as to which the --------------------- provisions of Section section 2 or Section section 3 are not strictly applicable but the failure to make any adjustment would not fairly protect the purchase rights represented by this Warrant in accordance with the essential intent and principles of such Sectionssections, then, in each such case, the Company shall appoint a firm of independent certified public accountants of recognized national standing (which may be the regular auditors of the Company), which shall give their opinion upon the adjustment, if any, on a basis consistent with the essential intent and principles established in Sections sections 2 and 3, necessary to preserve, without dilution, the purchase rights represented by this Warrant. Upon receipt of such opinion, the Company will promptly mail a copy thereof to the Holder holder of this Warrant and shall make the adjustments described therein.

Appears in 1 contract

Samples: Letter Agreement (Information Management Associates Inc)

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