Common use of Stock and Rights Offering to Stockholders Clause in Contracts

Stock and Rights Offering to Stockholders. If the Company shall at any time after the date of issuance of this Warrant distribute to all holders of its Common Stock any shares of capital stock of the Company (other than Common Stock) or evidences of its indebtedness or assets (excluding cash dividends or distributions paid from retained earnings or current year’s or prior year’s earnings of the Company) or rights or warrants to subscribe for or purchase any of its securities (excluding those referred to in the immediately preceding paragraph) (any of the foregoing being hereinafter in this paragraph called the “Securities”), then in each such case, the Company shall reserve shares or other units of such Securities for distribution to the Holder upon exercise of this Warrant so that, in addition to the shares of the Common Stock to which such Holder is entitled, such Holder will receive upon such exercise the amount and kind of such Securities which such Holder would have received if the Holder had, immediately prior to the record date for the distribution of the Securities, exercised this Warrant.

Appears in 14 contracts

Samples: Warrant (interCLICK, Inc.), Waxess Holdings, Inc., Iceweb Inc

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Stock and Rights Offering to Stockholders. If the Company shall at any time after the date of issuance of this Warrant hereof, distribute to all holders of its Common Stock any shares of capital stock of the Company (other than Common Stock) or evidences of its indebtedness or assets (excluding cash dividends or distributions paid from retained earnings or current year’s or prior year’s earnings of the Company) or rights or warrants to subscribe for or purchase any of its securities (excluding those referred to in the immediately preceding paragraph) (any of the foregoing being hereinafter in this paragraph called the “Securities”), then in each such case, the Company shall reserve shares or other units of such Securities for distribution to the Holder Warrant holders upon exercise of this each Warrant so that, in addition to the shares of the Common Stock to which such Holder Warrant holder is entitled, such Holder Warrant holder will receive upon such exercise the amount and kind of such Securities which such Holder Warrant holder would have received if the Holder such Warrant holder had, immediately prior to the record date for the distribution of the Securities, exercised this Warrant.

Appears in 7 contracts

Samples: Warrant Agreement (ETHEMA HEALTH Corp), Warrant Agreement (Handheld Entertainment, Inc.), Warrant Agreement (Handheld Entertainment, Inc.)

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Stock and Rights Offering to Stockholders. If the Company shall at any time after the date of issuance of while this Warrant is outstanding distribute to all holders of its Common Stock any shares of capital stock of the Company (other than Common Stock) or evidences of its indebtedness or assets (excluding cash dividends or distributions paid from retained earnings or current year’s or prior year’s earnings of the Companydistributions) or rights or warrants to subscribe for or purchase any of its securities (excluding those referred to in the immediately preceding paragraph) ), or securities convertible or exchangeable into Common Stock (any of the foregoing being hereinafter in this paragraph called foregoing, the “Securities”), then in each such case, the Company shall without regard to any Beneficial Ownership Limitation or Maximum Percentage reserve shares or other units of such Securities for distribution to the Holder upon exercise of this Warrant so that, in addition to the shares of the Common Stock to which such Holder is entitled, such Holder will receive upon such exercise the amount and kind of such Securities which such Holder would have received if the Holder had, immediately prior to the record date for the distribution of the Securities, exercised this Warrant.

Appears in 1 contract

Samples: Pershing Gold Corp.

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