Common use of Stock Dividends and Other Distributions Clause in Contracts

Stock Dividends and Other Distributions. If the Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock payable in Common Stock, or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in the foregoing subparagraphs (a) and (b)) of Common Stock, then the Purchase Price shall be adjusted, from and after the date of determination of shareholders entitled to receive such dividend or distribution, to that price determined by multiplying the Purchase Price in effect immediately prior to such date of determination by a fraction (i) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (ii) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution. Adjustment of Number of Shares. Upon each adjustment in the Purchase Price, the number of Warrant Shares purchasable hereunder shall be adjusted, to the nearest whole share, to the product obtained by multiplying the number of Warrant Shares purchasable immediately prior to such adjustment in the Purchase Price by a fraction, the numerator of which shall be the Purchase Price immediately prior to such adjustment and the denominator of which shall be the Purchase Price immediately thereafter.

Appears in 3 contracts

Samples: Exelixis Inc, Exelixis Inc, Exelixis Inc

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Stock Dividends and Other Distributions. If the Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock Series C Preferred payable in Common StockSeries C Preferred, or (ii) make any other distribution with respect to Common Stock Series C Preferred (except any distribution specifically provided for in the foregoing subparagraphs (a) and (b)) of Common Stock, then the Purchase Warrant Price shall be adjusted, from and after the date of determination of shareholders entitled to receive such dividend or distribution, to that price determined by multiplying the Purchase Warrant Price in effect immediately prior to such date of determination by a fraction (i) the numerator of which shall be the total number of shares of Common Stock Series C Preferred outstanding immediately prior to such dividend or distribution, and (ii) the denominator of which shall be the total number of shares of Common Stock Series C Preferred outstanding immediately after such dividend or distribution. Adjustment of Number of Shares. Upon each When any adjustment in is required to be made to the Purchase Warrant Price, the number of shares issuable upon the exercise of this Warrant Shares purchasable hereunder shall be adjusted, changed to the nearest whole share, number determined by dividing (i) an amount equal to the product obtained by multiplying the number of shares issuable upon the exercise of this Warrant Shares purchasable immediately prior to such adjustment adjustment, multiplied by the Warrant Price in the Purchase Price by a fraction, the numerator of which shall be the Purchase Price effect immediately prior to such adjustment and adjustment, by (ii) the denominator Warrant Price in effect immediately after such adjustment, such that the aggregate purchase price payable for the total number of which shares purchasable under this Warrant (as adjusted) shall be remain the Purchase Price immediately thereaftersame.

Appears in 2 contracts

Samples: Webvan Group Inc, Webvan Group Inc

Stock Dividends and Other Distributions. If the Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock payable in Common Stock, or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in the foregoing subparagraphs (a) and (b)) of Common Stock, then the Purchase Warrant Exercise Price shall be adjusted, from and after the date of determination of shareholders stockholders entitled to receive such dividend or distribution, to that price determined by multiplying the Purchase Warrant Exercise Price in effect immediately prior to such date of determination by a fraction (iA) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (iiB) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution; or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in Sections 5(a) and 5(b) above), then, in each such case, provision shall be made by the Company such that the holder of this Warrant shall receive upon exercise of this Warrant a proportionate share of any such dividend or distribution as though it were the holder of Common Stock as of the record date fixed for the determination of the stockholders of the Company entitled to receive such dividend or distribution. Adjustment The provisions of Number of Sharesthis subparagraph (c) shall similarly apply to successive stock dividends and other distributions by the Company. Upon each adjustment in the Purchase PriceWarrant Exercise Price specified in Sections 5(a), (b) or (c) above, the number of Warrant Shares shares of Common Stock purchasable hereunder shall be adjusted, to the nearest whole share, to the product obtained by multiplying the number of Warrant Shares shares of Common Stock purchasable immediately prior to such adjustment in the Purchase Warrant Exercise Price by a fraction, the numerator of which shall be the Purchase Warrant Exercise Price immediately prior to such adjustment and the denominator of which shall be the Purchase Warrant Exercise Price immediately thereafter.

Appears in 2 contracts

Samples: New Focus Inc, New Focus Inc

Stock Dividends and Other Distributions. If the Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock Series Preferred payable in Common Stock, or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in the foregoing subparagraphs (a) and (b)) of Common StockSeries Preferred, then the Purchase Warrant Price shall be adjusted, from and after the date of determination of shareholders stockholders entitled to receive such dividend or distribution, to that price determined by multiplying the Purchase Warrant Price in effect immediately prior to such date of determination by a fraction (iA) the numerator of which shall be the total number of shares of Common Stock Series Preferred outstanding immediately prior to such dividend or distribution, and (iiB) the denominator of which shall be the total number of shares of Common Stock Series Preferred outstanding immediately after such dividend or distribution. Adjustment ; or (ii) make any other distribution with respect to Series Preferred (except any distribution specifically provided for in Sections 4(a) and 4(b)), then, in each such case, provision shall be made by the Company such that the holder of Number this Warrant shall receive upon exercise of Sharesthis Warrant a proportionate share of any such dividend or distribution as though it were the holder of the Series Preferred (or Common Stock issuable upon conversion thereof) as of the record date fixed for the determination of the stockholders of the Company entitled to receive such dividend or distribution. Upon each adjustment in the Purchase Warrant Price, the number of Warrant Shares of Series Preferred purchasable hereunder shall be adjusted, to the nearest whole share, to the product obtained by multiplying the number of Warrant Shares purchasable immediately prior to such adjustment in the Purchase Warrant Price by a fraction, the numerator of which shall be the Purchase Warrant Price immediately prior to such adjustment and the denominator of which shall be the Purchase Warrant Price immediately thereafter.

Appears in 2 contracts

Samples: Isilon Systems, Inc., Isilon Systems, Inc.

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Stock Dividends and Other Distributions. If the Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock payable in Common Stock, or then (iiA) make any other distribution with respect to Common Stock (except any distribution specifically provided for in the foregoing subparagraphs (a) and (b)) of Common Stock, then the Purchase Exercise Price shall be adjusted, from and after the date of determination of shareholders stockholders entitled to receive such dividend or distributiondistribution (the “Record Date”), to that price determined by multiplying the Purchase Exercise Price in effect immediately prior to such date of determination by a fraction (i1) the numerator of which shall be the total number of shares of Common Stock outstanding immediately prior to such dividend or distribution, and (ii2) the denominator of which shall be the total number of shares of Common Stock outstanding immediately after such dividend or distribution. Adjustment of Number of Shares. Upon each adjustment in the Purchase Price, distribution and (B) the number of shares of Common Stock issuable upon exercise of this Warrant Shares purchasable hereunder shall be proportionately adjusted, to the nearest whole share, to from and after the product obtained Record Date by multiplying the number of Warrant Shares shares of Common Stock purchasable hereunder immediately prior to such adjustment in the Purchase Price Record Date by a fraction, fraction (1) the numerator of which shall be the Purchase Price total number of shares of Common Stock outstanding immediately prior to after such adjustment dividend or distribution, and (2) the denominator of which shall be the Purchase Price total number of shares of Common Stock outstanding immediately thereafterprior to such dividend or distribution; or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in Sections 4(a) or 4(b) above), then, in each such case, provision shall be made by the Company such that the holder of this Warrant shall receive upon exercise of this Warrant a proportionate share of any such dividend or distribution as though it were the holder of Common Stock as of the Record Date fixed for the determination of the stockholders of the Company entitled to receive such dividend or distribution. The provisions of this Section 4(c) shall similarly apply to successive stock dividends and other distributions by the Company.

Appears in 2 contracts

Samples: S&W Seed Co, S&W Seed Co

Stock Dividends and Other Distributions. If the Company at any time while this Warrant is outstanding and unexpired shall (i) pay a dividend with respect to Common Stock Series E Preferred payable in Common Stock, or (ii) make any other distribution with respect to Common Stock (except any distribution specifically provided for in the foregoing subparagraphs (a) and (b)) of Common StockSeries E Preferred, then the Purchase Warrant Exercise Price shall be adjusted, from and after the date of determination of shareholders stockholders entitled to receive such dividend or distribution, to that price determined by multiplying the Purchase Warrant Exercise Price in effect immediately prior to such date of determination by a fraction (iA) the numerator of which shall be the total number of shares of Common Stock Series E Preferred outstanding immediately prior to such dividend or distribution, and (iiB) the denominator of which shall be the total number of shares of Common Stock Series E Preferred outstanding immediately after such dividend or distribution; or (ii) make any other distribution with respect to Series E Preferred (except any distribution specifically provided for in Sections 6(a) and 6(b) above), then, in each such case, provision shall be made by the Company such that the holder of this Warrant shall receive upon exercise of this Warrant a proportionate share of any such dividend or distribution as though it were the holder of Series E Preferred as of the record date fixed for the determination of the stockholders of the Company entitled to receive such dividend or distribution. Adjustment The provisions of Number of Sharesthis subparagraph (c) shall similarly apply to successive stock dividends and other distributions by the Company. Upon each adjustment in the Purchase PriceWarrant Exercise Price specified in Sections 6(a), (b) or (c) above, the number of Warrant Shares shares of Series E Preferred purchasable hereunder shall be adjusted, to the nearest whole share, to the product obtained by multiplying the number of Warrant Shares shares of Series E Preferred purchasable immediately prior to such adjustment in the Purchase Warrant Exercise Price by a fraction, the numerator of which shall be the Purchase Warrant Exercise Price immediately prior to such adjustment and the denominator of which shall be the Purchase Warrant Exercise Price immediately thereafter.

Appears in 2 contracts

Samples: New Focus Inc, New Focus Inc

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