Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 11, the Company shall take any action which may be necessary, including obtaining regulatory approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all Warrant Shares which the Holder is entitled to receive upon exercise of the Warrant.
Appears in 7 contracts
Samples: OncoCyte Corp, OncoCyte Corp, OncoCyte Corp
Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 118, the Company shall take any action which may be necessary, including obtaining regulatory approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all Warrant Shares shares of Common Stock which the Holder is Holders are entitled to receive upon exercise of the Warrantthereof.
Appears in 6 contracts
Samples: Choice One Communications Inc, Roche International LTD, Choice One Communications Inc
Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 11Article 2, the Company shall take any action which may be necessary, including obtaining regulatory approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all Warrant Shares which the Holder is entitled to receive upon exercise of the Warrant.
Appears in 5 contracts
Samples: Purchase and Sale Agreement (Alkermes Plc.), Purchase and Sale Agreement (Recro Pharma, Inc.), Recro Pharma, Inc.
Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 111(e), the Company shall take any action such actions as are necessary, which may be necessaryinclude obtaining regulatory, including obtaining regulatory stock exchange or partner approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all Warrant Common Shares which that the Holder is entitled to receive upon exercise of the Warrantthis Warrant pursuant to Section 1.
Appears in 3 contracts
Samples: Credit Agreement (Ashford Hospitality Trust Inc), Credit Agreement (Ashford Hospitality Trust Inc), Credit Agreement (Ashford Hospitality Trust Inc)
Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 1112, the Company shall use reasonable best efforts to take any action which may be necessary, including obtaining regulatory approvals or exemptions, necessary in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all Warrant Common Shares which that the Holder is entitled to receive upon exercise of the Warrantthis Warrant pursuant to this Section 12.
Appears in 3 contracts
Samples: Registration Rights Agreement (Greenrose Holding Co Inc.), Registration Rights Agreement (Greenrose Holding Co Inc.), Registration Rights Agreement (Greenrose Holding Co Inc.)
Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 118, the Company shall take any action which may be necessary, including obtaining regulatory approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all Warrant Shares which the Holder is Holders are entitled to receive upon exercise of the Warrantthereof.
Appears in 2 contracts
Samples: Warrant Agreement (Sunbeam Corp/Fl/), Form of Warrant Agreement (Internet Communications Corp)
Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 118, the Company shall take any action which may be necessary, including obtaining regulatory regulatory, or member approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all Warrant Shares which Units issuable pursuant to the Holder is entitled to receive upon exercise of the WarrantWarrants.
Appears in 1 contract
Samples: Atlas Energy Group, LLC
Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 112, the Company shall take any action which may be necessary, including obtaining regulatory or shareholder approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all Warrant Common Shares which that the Holder is entitled to receive upon exercise of the Warranta Warrant pursuant to this Section 2.
Appears in 1 contract
Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 119, the Company shall take any action which may be necessary, including obtaining regulatory approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all Warrant Shares shares of Common Stock which the Holder Holders is entitled to receive upon exercise of the WarrantOptions.
Appears in 1 contract
Samples: Option Agreement (Hicks Thomas O)
Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 119, the Company shall take any action which may be necessary, including obtaining regulatory approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all Warrant Shares shares of Common Stock which the Holder is entitled to receive upon exercise of the WarrantOptions.
Appears in 1 contract
Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 118, the Company shall take any action which may be necessary, including obtaining regulatory regulatory, Principal Market or other applicable national securities exchange or stockholder approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all Warrant Shares which the Holder is entitled issuable pursuant to receive upon exercise of the this Warrant.
Appears in 1 contract
Samples: Registration Rights Agreement (Resource America Inc)
Proceedings Prior to Any Action Requiring Adjustment. As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 117, the Company shall take any action which may be necessary, including obtaining regulatory approvals or exemptions, in order that the Company may thereafter validly and legally issue as fully paid and nonassessable all Warrant Shares shares of Common Stock which the Holder is Holders are entitled to receive upon exercise of the Warrantexe rcise thereof.
Appears in 1 contract