Reclassification. In case of any reclassification or change of the Common Stock (other than a change in par value, or as a result of a subdivision or combination or dividend or as otherwise as adjusted under this Section 2), the Company shall execute a new Warrant, providing that the holder of this Warrant shall have the right to exercise such new Warrant, and procure upon such exercise and payment of the same aggregate Exercise Price, in lieu of the shares of Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification or change by a holder of an equivalent number of shares of Common Stock. Such new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 2. Except for a Liquidation Event (as defined in Section 6), the provisions of this subsection (a) shall similarly apply to successive reclassifications and changes.
Appears in 9 contracts
Sources: Security Agreement (Jaguar Health, Inc.), Security Agreement (Jaguar Health, Inc.), Security Agreement (Jaguar Health, Inc.)
Reclassification. In case of any reclassification or change of outstanding securities of the Common Stock class issuable upon exercise of this Warrant (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination or dividend or as otherwise as adjusted under this Section 2combination), the Company shall shall, as condition precedent to such transaction, execute a new Warrant, Warrant providing that the holder of this Warrant Holder shall have the right to exercise such new Warrant, Warrant and procure upon such exercise and payment of the same aggregate Exercise Priceto receive, in lieu of the shares each share of Common Stock stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification or change by a holder of an equivalent number one share of shares of Common Stockstock. Such new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 23. Except for a Liquidation Event (as defined in Section 6), the The provisions of this subsection (aSection 3(a) shall similarly apply to successive reclassifications and or changes.
Appears in 6 contracts
Sources: Stock Purchase and Sale Agreement (Chasen Melvin), Stock Purchase and Sale Agreement (Samstock LLC), Stock Purchase and Sale Agreement (Transmedia Network Inc /De/)
Reclassification. In case of any reclassification or change of the Common Stock (other than a change in par value, or as a result of a subdivision or combination or dividend or as otherwise as adjusted under this Section 23), the Company shall execute a new Warrant, providing that the holder of this Warrant shall have the right to exercise such new Warrant, and procure upon such exercise and payment of the same aggregate Exercise Price, in lieu of the shares of Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification or change by a holder of an equivalent number of shares of Common Stock. Such new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 23. Except for a Liquidation Event (as defined in Section 69), the provisions of this subsection (a) shall similarly apply to successive reclassifications and changes.
Appears in 4 contracts
Sources: Warrant Agreement (Jaguar Health, Inc.), Warrant Agreement (Jaguar Health, Inc.), Warrant Agreement (Jaguar Animal Health, Inc.)
Reclassification. In case of any reclassification or change of the Common Stock (other than a change in par value, or as a result of a subdivision or combination or dividend or as otherwise as adjusted under this Section 2combination), the Company shall execute a new Warrant, providing that the holder of this Warrant shall have the right to exercise such new Warrant, and procure upon such exercise and payment of the same aggregate Exercise Price, in lieu of the shares of the Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification or change change, by a holder of an equivalent number of shares of Common Stock. Such new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 23. Except for a Liquidation Event (as defined in Section 6), the The provisions of this subsection (a) shall similarly apply to successive reclassifications and or changes.
Appears in 3 contracts
Sources: Stock Purchase Warrant (Marrone Bio Innovations Inc), Loan Agreement (Marrone Bio Innovations Inc), Loan Agreement (Marrone Bio Innovations Inc)
Reclassification. In case of any reclassification or change of the Common Stock (other than a change in par value, or as a result of a subdivision or combination or dividend or as otherwise as adjusted under this Section 2), the Company shall execute a new Warrant, providing that the holder of this Warrant shall have the right to exercise such new Warrant, and procure upon such exercise and payment of the same aggregate Exercise Price, in lieu of the shares of Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification or change by a holder of an equivalent number of shares of Common Stock. Such new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 2. Except for a Liquidation Event (as defined in Section 63), the provisions of this subsection (a) shall similarly apply to successive reclassifications and changes.
Appears in 3 contracts
Sources: Securities Agreement (Jaguar Health, Inc.), Security Agreement (Jaguar Health, Inc.), Security Agreement (Jaguar Health, Inc.)
Reclassification. In case of any reclassification or change of the Common Stock (other than a change in par value, or as a result of a subdivision or combination or dividend or as otherwise as adjusted under this Section 2combination), the Company shall execute a new Warrant, providing that the holder of this Warrant shall have the right to exercise such new Warrant, and procure upon such exercise and payment of the same aggregate Exercise Price, in lieu of the shares of Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification or change by a holder of an equivalent number of shares of Common Stock. Such new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 23. Except for a Liquidation Event (as defined in Section 6), the The provisions of this subsection (a) ), subject to Section 9 hereof, shall similarly apply to successive reclassifications and changes.
Appears in 2 contracts
Sources: Warrant Agreement (Jaguar Animal Health, Inc.), Warrant Agreement (Jaguar Animal Health, Inc.)
Reclassification. In case of any reclassification or change of outstanding securities of the Common Stock class issuable upon exercise of this Warrant (other than a change in par value, or from par value to no par value, or from no par value to par value, or as a result of a subdivision or combination or dividend or as otherwise as adjusted under this Section 2combination), the Company shall shall, as condition precedent to such transaction, execute a new Warrant, Warrant providing that the holder of this Warrant Holder shall have the right to exercise such new Warrant, Warrant and procure upon such exercise and payment of the same aggregate Exercise Priceto receive, in lieu of the shares each share of Common Stock stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification or change by a holder of an equivalent number one share of shares of Common Stockstock. Such new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 23.2. Except for a Liquidation Event (as defined in Section 6), the The provisions of this subsection (aSection 3.2(a) shall similarly apply to successive reclassifications and or changes.
Appears in 2 contracts
Sources: Common Stock Purchase Warrant (Immunicon Corp), Warrant Agreement (Immunicon Corp)
Reclassification. In case of any reclassification or change of the Common Stock (other than a change in par value, or as a result of a subdivision or combination or dividend or as otherwise as adjusted under this Section 2combination), the Company shall execute a new Warrant, providing that the holder of this Warrant shall have the right to exercise such new Warrant, and procure upon such exercise and payment of the same aggregate Exercise Price, in lieu of the shares of the Common Stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification or change change, by a holder of an equivalent number of shares of Common Stock. Such new Warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 23. Except for a Liquidation Event (as defined in Section 6), the The provisions of this subsection (a) ), subject to Section 10 hereof, shall similarly apply to successive reclassifications and or changes.
Appears in 1 contract
Sources: Common Stock Purchase Warrant (SCM Microsystems Inc)
Reclassification. In case of any reclassification reclassification, change or change conversion of securities of the Common Stock class issuable upon exercise of this Warrant (other than a change in par value, value or as a result of a subdivision or combination or dividend or as otherwise as adjusted under this Section 2combination), the Company shall duly execute and deliver to the Holder a new Warrantwarrant, providing so that the holder of this Warrant Holder shall have the right to receive, at a total purchase price not to exceed that payable upon the exercise such new of the unexercised portion of this Warrant, and procure upon such exercise and payment of the same aggregate Exercise Price, in lieu of the shares of Common Stock common stock theretofore issuable upon exercise of this Warrant, the kind and amount of shares of stock, other securities, money and property receivable upon such reclassification reclassification, change or change conversion by a holder of an equivalent the number of shares of Common Stockcommon stock under this Warrant. Such new Warrant warrant shall provide for adjustments which shall be as nearly equivalent as may be practicable to the adjustments provided for in this Section 2section. Except for a Liquidation Event (as defined in Section 6), the The provisions of this subsection subparagraph (a) shall similarly apply to successive reclassifications reclassifications, changes and changesconversions.
Appears in 1 contract
Sources: Lease Agreement (Versata Inc)