Common use of Price Modification Clause in Contracts

Price Modification. The Company shall not reset, amend or modify any purchase price, conversion price or exercise price in connection with any equity or equity-linked securities without the consent of the Investor, whether the issuance of such securities occurred prior to or after the date hereof: (a) prior to the record date for determining shareholders entitled to vote at the Shareholder Meeting, and (b) to a purchase price, conversion price or exercise price less than the then current fair market value of the underlying equity or equity-linked securities.

Appears in 2 contracts

Sources: Note Purchase Agreement (World Heart Corp), Note Purchase Agreement (Abiomed Inc)