Appears in 402 contracts

Sources: Warrant Agreement (Spectral Ip, Inc.), Warrant Agreement (Spectral Ip, Inc.), Underwriting Agreement (Unusual Machines, Inc.)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination. If any event requiring an adjustment under this paragraph occurs during the period that an Exercise Price is calculated hereunder, then the calculation of such Exercise Price shall be adjusted appropriately to reflect such event.

Appears in 109 contracts

Sources: Securities Purchase Agreement (CleanCore Solutions, Inc.), Securities Purchase Agreement (CleanCore Solutions, Inc.), Securities Purchase Agreement (CleanCore Solutions, Inc.)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides its outstanding shares of Common Stock into a larger number of shares, or (iii) combines its outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a ~~fraction~~ fraction, the numerator of which ~~the numerator~~ shall be the number of shares of Common Stock outstanding immediately before such event and the denominator of which ~~the denominator~~ shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 24 contracts

Sources: Securities Purchase Agreement (Shuttle Pharmaceuticals Holdings, Inc.), Credit Facility Agreement (Mobivity Holdings Corp.), Credit Facility Agreement (Mobivity Holdings Corp.)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be ~~multiplied~~ adjusted to equal the product obtained by multiplying the then-current Exercise Price by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 18 contracts

Sources: Common Stock and Warrant Purchase Agreement (Invicta Media Investments, LLC), Common Stock and Warrant Purchase Agreement (Invicta Media Investments, LLC), Common Stock and Warrant Purchase Agreement (iMedia Brands, Inc.)

Stock Dividends and Splits. If the Company, at any time while this ~~Warrant~~ Note is outstanding, : (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of ~~stockholders~~ shareholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 16 contracts

Sources: Promissory Note (Empire Petroleum Corp), Promissory Note (Empire Petroleum Corp), Note (Empire Petroleum Corp)

Stock Dividends and Splits. If the Company, at any time while this ~~Warrant~~ Additional Investment Right is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to ~~clause~~ clauses (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 15 contracts

Sources: Securities Agreement (Global Epoint Inc), Securities Agreement (Compex Technologies Inc), Securities Purchase Agreement (Bam Entertainment Inc)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the ~~record date for~~ payment of the ~~determination of stockholders entitled to receive such~~ dividend or the making of the distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 10 contracts

Sources: Securities Agreement (Strasbaugh), Securities Agreement (Emrise CORP), Securities Agreement (Strasbaugh)

Appears in 9 contracts

Sources: Underwriting Agreement (General Employment Enterprises Inc), Securities Agreement (Medicalcv Inc), Securities Agreement (Miller Paul K)

Appears in 8 contracts

Sources: Securities Purchase Agreement (Imageware Systems Inc), Purchase Agreement (Digimarc Corp), Securities Purchase Agreement (Smith & Wesson Holding Corp)

Stock Dividends and Splits. If the Company, at any time while ~~this Warrant is~~ any Debentures are outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 7 contracts

Sources: Debenture Agreement (Millennium Cell Inc), Debenture Agreement (Millennium Cell Inc), Debenture Agreement (Merix Corp)

Stock Dividends and Splits. If the Company, at any time while this ~~Warrant~~ Note is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this ~~paragraph~~ Section 10(a) shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this ~~paragraph~~ Section 10(a) shall become effective immediately after the effective date of such subdivision or combination.

Appears in 7 contracts

Sources: Convertible Note (Clearone Inc), Note (Clearone Inc), Convertible Note (Irvine Sensors Corp/De/)

Stock Dividends and Splits. If the Company, at any time while this Unit Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 7 contracts

Sources: Placement Agency Agreement (Digital Social Retail, Inc.), Underwriting Agreement (NanoVibronix, Inc.), Underwriting Agreement (NanoVibronix, Inc.)

Stock Dividends and Splits. If the Company~~, at any time while this Warrant is outstanding~~, (i) pays a ~~stock~~ dividend on or distribution in the form of shares of its Common Stock ~~or otherwise makes a distribution~~ on ~~any class of capital stock that is payable in shares of~~ its Common Stock, (ii) subdivides outstanding shares of Common Stock into a ~~larger~~ greater number of ~~shares~~shares or otherwise effects a stock split, or (iii) combines outstanding shares of Common Stock into a ~~smaller~~ lesser number of ~~shares~~shares or otherwise effects a reverse split, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this ~~paragraph~~ subsection 8(a) shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 6 contracts

Sources: Warrant Agent Agreement (Grom Social Enterprises, Inc.), Warrant Agent Agreement (Grom Social Enterprises, Inc.), Warrant Agent Agreement (Troika Media Group, Inc.)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination. If any event requiring an adjustment under this Section 9(a) occurs during the period that an Exercise Price is calculated hereunder, then the calculation of such Exercise Price shall be adjusted appropriately to reflect such event.

Appears in 6 contracts

Sources: Securities Agreement (Powder River Basin Gas Corp), Securities Agreement (Cleveland Biolabs Inc), Securities Agreement (Advaxis, Inc.)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, : (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, ; (ii) subdivides outstanding shares of Common Stock into a larger number of shares, ; or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 5 contracts

Sources: Conversion Agreement (Quantum Corp /De/), Term Loan Credit and Security Agreement (Quantum Corp /De/), Warrant Agreement (Quantum Corp /De/)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, : (i) pays a stock dividend on its Common Stock or ~~otherwise~~ makes a stock distribution ~~on any class of capital stock that is payable in shares of~~ with respect to its Common Stock, (ii) subdivides or splits outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of ~~shares~~shares or otherwise effects a reverse split, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 5 contracts

Sources: Warrant Agreement (Weikang Bio-Technology Group Co., Inc.), Warrant Agreement (Weikang Bio-Technology Group Co., Inc.), Warrant Agreement (Weikang Bio-Technology Group Co., Inc.)

Stock Dividends and Splits. If the Company, at any time while ~~this Warrant is~~ these Warrants are outstanding, : (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, ; (ii) subdivides outstanding shares of Common Stock into a larger number of shares, ; or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 5 contracts

Sources: Stock and Warrant Purchase Agreement (PharmaCyte Biotech, Inc.), Stock and Warrant Purchase Agreement (PharmaCyte Biotech, Inc.), Securities Agreement (PharmaCyte Biotech, Inc.)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, : (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 5 contracts

Sources: Warrant Agreement (Mechanical Technology Inc), Warrant Agent Agreement (Mechanical Technology Inc), Warrant Agreement (Mechanical Technology Inc)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of ~~shares,~~ shares or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be adjusted to equal the product of (x) the existing Exercise Price multiplied by (y) a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 5 contracts

Sources: Warrant Agreement (Boxlight Corp), Warrant Agreement (Rexahn Pharmaceuticals, Inc.), Warrant Agreement (Rexahn Pharmaceuticals, Inc.)

Stock Dividends and Splits. If the Company, at any time while this Warrant is ~~outstanding~~outstanding after the fixed Exercise Price has been established, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides its outstanding shares of Common Stock into a larger number of shares, or (iii) combines its outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a ~~fraction~~ fraction, the numerator of which ~~the numerator~~ shall be the number of shares of Common Stock outstanding immediately before such event and the denominator of which ~~the denominator~~ shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this ~~paragraph~~ Section 9(a) shall become effective immediately after the effective date of such subdivision or combination.

Appears in 5 contracts

Sources: Standby Bridge Financing Agreement (Jaguar Animal Health, Inc.), Exchange Warrant (Jaguar Animal Health, Inc.), Exchange Warrant (Jaguar Animal Health, Inc.)

Stock Dividends and Splits. If the Company, at any time while ~~this~~ the Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be ~~multiplied~~ adjusted to equal the product obtained by multiplying the then-current Exercise Price by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 5 contracts

Sources: Warrant Agreement, Warrant Agreement (Crossroads Systems Inc), Warrant Agreement (NXT-Id, Inc.)

Stock Dividends and Splits. If the Company, at any time while this ~~Warrant~~ Additional Investment Right is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination. If any event requiring an adjustment under this paragraph occurs during the period that an Exercise Price is calculated hereunder, then the calculation of such Exercise Price shall be adjusted appropriately to reflect such event.

Appears in 4 contracts

Sources: Securities Purchase Agreement (Emerge Interactive Inc), Securities Agreement (East West Bancorp Inc), Securities Agreement (Emerge Interactive Inc)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides its outstanding shares of Common Stock into a larger number of shares, or (iii) combines its outstanding shares of Common Stock into a smaller number of ~~shares~~shares or (iv) issues by reclassification of shares of Common Stock any shares of capital of the Company, then in each such case the Exercise Price shall be multiplied by a ~~fraction~~ fraction, the numerator of which ~~the numerator~~ shall be the number of shares of Common Stock outstanding immediately before such event and the denominator of which ~~the denominator~~ shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 4 contracts

Sources: Warrant Agreement (Blue Ridge Bankshares, Inc.), Warrant Agreement (Blue Ridge Bankshares, Inc.), Securities Purchase Agreement (Blue Ridge Bankshares, Inc.)

Appears in 4 contracts

Sources: Securities Agreement (DHB Industries Inc), Securities Agreement (DHB Industries Inc), Securities Agreement (DHB Industries Inc)

Stock Dividends and Splits. If the Company~~, at any time while this Warrant is outstanding~~, (i) pays a ~~stock~~ dividend on or distribution in the form of shares of its Common Stock ~~or otherwise makes a distribution~~ on ~~any class of capital stock that is payable in shares of~~ its Common Stock, (ii) subdivides outstanding shares of Common Stock into a ~~larger~~ greater number of ~~shares~~shares or otherwise effects a stock split, or (iii) combines outstanding shares of Common Stock into a ~~smaller~~ lesser number of ~~shares~~shares or otherwise effects a reverse split, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this ~~paragraph~~ subsection 9(a) shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 4 contracts

Sources: Warrant Agent Agreement (Protagenic Therapeutics, Inc.\new), Warrant Agent Agreement (Protagenic Therapeutics, Inc.\new), Warrant Agent Agreement (Mechanical Technology Inc)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common ~~Stock~~Stock (which, for avoidance of doubt, shall not include any shares of Common Stock issued by the Company upon exercise of this Warrant or any other Warrants), (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines (including by way of reverse stock split) outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 4 contracts

Sources: Underwriters' Warrant Agreement (Chromocell Therapeutics Corp), Underwriters' Warrant Agreement (Chromocell Therapeutics Corp), Warrant Agreement (Chromocell Therapeutics Corp)

Appears in 4 contracts

Sources: Common Stock Warrant (MMR Information Systems, Inc.), Common Stock Warrant (MMR Information Systems, Inc.), Warrant Agreement (RHL Group, Inc.)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common ~~Stock~~Stock (which for the avoidance of doubt, shall not include shares of Common Stock issued by the Company pursuant to this Warrant), (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 4 contracts

Sources: Purchase Agreement (Ophthalmic Imaging Systems), Purchase Agreement (Ophthalmic Imaging Systems), Purchase Agreement (Ophthalmic Imaging Systems)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise ~~Price~~ Prices shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the ~~record date for~~ payment of the ~~determination of stockholders entitled to receive such~~ dividend or the making of the distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 3 contracts

Sources: Securities Agreement (Emrise CORP), Securities Agreement (Emrise CORP), Securities Agreement (Emrise CORP)

Stock Dividends and Splits. If Without limiting any provision of Section 4, if the Company, at any time ~~while this Warrant is outstanding~~on or after the Issuance Date, (i) pays a stock dividend on one or more classes of its then outstanding Common ~~Stock~~ Shares or otherwise makes a distribution on any class of capital stock that is payable in ~~shares of~~ Common ~~Stock~~Shares, (ii) subdivides (by any stock split, stock dividend, recapitalization or otherwise) one or more classes of its then outstanding ~~shares of~~ Common ~~Stock~~ Shares into a larger number of ~~shares,~~ shares or (iii) combines (by combination, reverse stock split or otherwise) one or more classes of its then outstanding ~~shares of~~ Common ~~Stock~~ Shares into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of ~~shares of~~ Common ~~Stock~~ Shares outstanding immediately before such event and of which the denominator shall be the number of ~~shares of~~ Common ~~Stock~~ Shares outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 3 contracts

Sources: Warrant Agent Agreement (Direct Digital Holdings, Inc.), Warrant Agent Agreement (Direct Digital Holdings, Inc.), Warrant Agent Agreement (Direct Digital Holdings, Inc.)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of ~~stockholders~~ shareholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination. If any event requiring an adjustment under this paragraph occurs during the period that an Exercise Price is calculated hereunder, then the calculation of such Exercise Price shall be adjusted appropriately to reflect such event.

Appears in 3 contracts

Sources: Note and Warrant Purchase Agreement (Siboney Corp), Securities Agreement (Navarre Corp /Mn/), Securities Agreement (Navarre Corp /Mn/)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, : (~~i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii~~A) subdivides outstanding shares of Common Stock into a larger number of shares, or (~~iii~~C) combines (including by way of reverse stock split) outstanding shares of Common Stock into a smaller number of shares, or (D) issues by reclassification of shares of the Common Stock any shares of capital stock of the Company, then in each ~~such~~ case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock (excluding treasury shares, if any) outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such ~~event~~event and the number of shares issuable upon exercise of this Warrant shall be proportionately adjusted such that the aggregate Exercise Price of this Warrant shall remain unchanged. Any adjustment made pursuant to ~~clause (i~~this Section 3(a) ~~of this paragraph~~ shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or ~~distribution,~~ distribution and ~~any adjustment pursuant to clause (ii) or (iii) of this paragraph~~ shall become effective immediately after the effective date in the case of ~~such subdivision~~ a subdivision, combination or ~~combination~~re-classification.

Appears in 3 contracts

Sources: Warrant Agreement (American Scientific Resources Inc), Warrant Agreement (Covenant Group of China Inc), Warrant Agreement (Agfeed Industries, Inc)

Stock Dividends and Splits. If Without limiting any provision of Section 2, if the Company, at any time on or after the date hereof while this Warrant is remains outstanding, (i) pays a stock dividend on one or more classes of its then outstanding shares of Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides (by any stock split, stock dividend, recapitalization or otherwise) its then outstanding shares of Common Stock into a larger number of ~~shares,~~ shares or (iii) combines (by combination, reverse stock split or otherwise) its then outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 3 contracts

Sources: Warrant Agreement (theMaven, Inc.), Warrant Agreement (theMaven, Inc.), Securities Purchase Agreement (theMaven, Inc.)

Stock Dividends and Splits. If the Company, at any time while this Warrant Certificate is outstanding, : (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, ; (ii) subdivides outstanding shares of Common Stock into a larger number of shares, ; or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 3 contracts

Sources: Securities Agreement (Chase Packaging Corp), Securities Agreement (Chase Packaging Corp), Securities Agreement (Chase Packaging Corp)

Stock Dividends and Splits. If Without limiting any provision of Section 4, if the Company, at any time ~~while this Warrant is outstanding~~on or after the Issuance Date, (i) pays a stock dividend on one or more classes of its then outstanding shares of Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides (by any stock split, stock dividend, recapitalization or otherwise) one or more classes of its then outstanding shares of Common Stock into a larger number of ~~shares,~~ shares or (iii) combines (by combination, reverse stock split or otherwise) one or more classes of its then outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 3 contracts

Sources: Warrant Agent Agreement (Intensity Therapeutics, Inc.), Warrant Agent Agreement (Biofrontera Inc.), Warrant Agent Agreement (Biofrontera Inc.)

Appears in 3 contracts

Sources: Securities Agreement (Omnitek Engineering Corp), Warrant Agreement (Sulphco Inc), Warrant Agreement (Sulphco Inc)

Appears in 3 contracts

Sources: Warrant Agreement (CohBar, Inc.), Warrant Agreement (CohBar, Inc.), Warrant Agreement (CohBar, Inc.)

Stock Dividends and Splits. If the Company, at any time ~~while this Warrant is outstanding~~on or after the Offer Date, (i) pays a stock dividend on one or more classes of its then outstanding shares of Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides (by any stock split, stock dividend, recapitalization or otherwise) one or more classes of its then outstanding shares of Common Stock into a larger number of ~~shares,~~ shares or (iii) combines (by combination, reverse stock split or otherwise) one or more classes of its then outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately ~~after~~ at the Close of Business on the effective date of such subdivision or combination.

Appears in 3 contracts

Sources: Warrant to Purchase Common Stock (American Superconductor Corp /De/), Warrant Agreement (American Superconductor Corp /De/), Underwriting Agreement (American Superconductor Corp /De/)

Stock Dividends and Splits. If the Company, at any time while this ~~Warrant~~ Note is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this ~~paragraph~~ Section 11(a) shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this ~~paragraph~~ Section 11(a) shall become effective immediately after the effective date of such subdivision or combination.

Appears in 3 contracts

Sources: Convertible Note (Ace Comm Corp), Convertible Note (Ace Comm Corp), Convertible Note (Ace Comm Corp)

Stock Dividends and Splits. If the Company, at any time on or after the date hereof while this Warrant is remains outstanding, (i) pays a stock dividend on one or more classes of its then outstanding shares of Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides (by any stock split, stock dividend, recapitalization or otherwise) its then outstanding shares of Common Stock into a larger number of ~~shares,~~ shares or (iii) combines (by combination, reverse stock split or otherwise) its then outstanding shares of Common Stock into a smaller number of shares, then in each such case each of the Exercise Price and the Mandatory Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 3 contracts

Sources: Security Agreement (theMaven, Inc.), Security Agreement (theMaven, Inc.), Security Agreement (theMaven, Inc.)

Stock Dividends and Splits. If the ~~Company~~Borrower, at any time while this ~~Warrant~~ Debenture is outstanding, : (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Aerogen Inc), Securities Purchase Agreement (Aerogen Inc), Securities Agreement (Aerogen Inc)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be ~~multiplied~~ adjusted to equal the product obtained by multiplying the then-current Exercise Price by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of ~~stockholders~~ shareholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 3 contracts

Sources: Placement Agency Agreement, Placement Agency Agreement (Monaker Group, Inc.), Securities Purchase Agreement (EVINE Live Inc.)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, : (~~i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii~~A) subdivides outstanding shares of Common Stock into a larger number of shares, or (~~iii~~B) combines (including by way of reverse stock split) outstanding shares of Common Stock into a smaller number of shares, or (C) issues by reclassification of shares of the Common Stock any shares of capital stock of the Company, then in each ~~such~~ case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock (excluding treasury shares, if any) outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such ~~event~~event and the number of shares issuable upon exercise of this Warrant shall be proportionately adjusted. Any adjustment made pursuant to ~~clause (i~~this Section 3(a) ~~of this paragraph~~ shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or ~~distribution,~~ distribution and ~~any adjustment pursuant to clause (ii) or (iii) of this paragraph~~ shall become effective immediately after the effective date in the case of ~~such subdivision~~ a subdivision, combination or ~~combination~~re-classification.

Appears in 3 contracts

Sources: Security Agreement (Boston Therapeutics, Inc.), Common Stock Purchase Warrant (Nordic American Offshore Ltd.), Common Stock Purchase Warrant (Nordic American Offshore Ltd.)

Appears in 2 contracts

Sources: Loan and Security Agreement (HydroGen CORP), Loan and Security Agreement (HydroGen CORP)

Stock Dividends and Splits. If the Company, at any time while ~~this Warrant is~~ any Unsecured Debentures are outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 2 contracts

Sources: Debenture Agreement (Millennium Cell Inc), Debenture Agreement (Millennium Cell Inc)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock (other than regular dividends on the Series A-1 Convertible Preferred Stock, Series B-1 Convertible Preferred Stock the Series C-1 Convertible Preferred Stock, or the Series D-1 Convertible Preferred Stock), (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Interpharm Holdings Inc), Consent and Waiver Agreement (Interpharm Holdings Inc)

Stock Dividends and Splits. If the ~~Company~~General Partner, at any time while ~~this Warrant is~~ the Class C Units are outstanding, (iA) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of ~~capital stock~~ Equity Securities that is payable in shares of Common Stock, (iiB) subdivides outstanding shares of Common Stock into a larger number of shares, or (~~iii~~C) combines outstanding shares of Common Stock into a smaller number of shares, ~~then~~ then, in each such ~~case~~ case, the ~~Exercise~~ applicable Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (iA) of this paragraph shall become effective for conversions on any Conversion Dates occurring on any date immediately ~~after~~ following the record date for the determination of the General Partner’s stockholders entitled to receive such dividend or distribution, and any ~~adjustment~~ adjustments pursuant to clause (iiB) or (~~iii~~C) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 2 contracts

Sources: Agreement of Limited Partnership (Hospitality Investors Trust, Inc.), Securities Purchase Agreement (American Realty Capital Hospitality Trust, Inc.)

Stock Dividends and Splits. If the Company, at any -------------------------- time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of ~~stockholders~~ shareholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination. If any event requiring an adjustment under this paragraph occurs during the period that an Exercise Price is calculated hereunder, then the calculation of such Exercise Price shall be adjusted appropriately to reflect such event.

Appears in 2 contracts

Sources: Securities Agreement (Zoltek Companies Inc), Securities Agreement (Zoltek Companies Inc)

Stock Dividends and Splits. If the Company, at any time while this ~~Warrant~~ Note is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 2 contracts

Sources: Bridge Loan Agreement (Granite City Food & Brewery LTD), Bridge Loan Agreement (Granite City Food & Brewery LTD)

Stock Dividends and Splits. If the Company, at any time while this ~~Warrant~~ Note is outstanding, : (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 2 contracts

Sources: Note Purchase Agreement (Merisel Inc /De/), Securities Agreement (Calypte Biomedical Corp)

Stock Dividends and Splits. If the Company, at any time while ~~this Warrant is~~ the Warrants are outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides its outstanding shares of Common Stock into a larger number of shares, or (iii) combines its outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a ~~fraction~~ fraction, the numerator of which ~~the numerator~~ shall be the number of shares of Common Stock outstanding immediately before such event and the denominator of which ~~the denominator~~ shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this ~~paragraph~~ Section 9(a) shall become effective immediately after the effective date of such subdivision or combination.

Appears in 2 contracts

Sources: Warrant Agreement (Celator Pharmaceuticals Inc), Warrant Agreement (Celator Pharmaceuticals Inc)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the payment date with respect to such dividend or distribution with respect to the Holder as of the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 2 contracts

Sources: Securities Agreement (Molecular Insight Pharmaceuticals, Inc.), Securities Agreement (Orthovita Inc)

Stock Dividends and Splits. If the ~~Company~~Corporation, at any time while ~~this Warrant is~~ any shares of Series A Preferred Stock are outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately ~~after~~ following the close of business on the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately ~~after~~ following the close of business on the effective date of such subdivision or combination.

Appears in 2 contracts

Sources: Securities Purchase Agreement (TFF Pharmaceuticals, Inc.), Securities Purchase Agreement (TFF Pharmaceuticals, Inc.)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides its outstanding shares of Common Stock into a larger number of shares, or (iii) combines (by combination, reverse stock split or otherwise) its outstanding shares of Common Stock into a smaller number of ~~shares~~shares or (iv) issues by reclassification of shares of Common Stock any shares of capital stock of the Company, then in each such case the Exercise Price shall be ~~multiplied~~ adjusted to a price determined by multiplying the Exercise Price in effect immediately prior to the effective date of such event by a ~~fraction~~ fraction, the numerator of which ~~the numerator~~ shall be the number of shares of Common Stock outstanding on such effective date immediately before giving effect to such event and the denominator of which ~~the denominator~~ shall be the number of shares of Common Stock outstanding immediately after giving effect to such event. Any adjustment made pursuant to ~~clause (i~~this Section 9(a) ~~of this paragraph~~ shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii), (iii) or (~~iii~~iv) of this ~~paragraph~~ Section 9(a) shall become effective immediately after the effective date of such ~~subdivision~~ subdivision, combination or ~~combination~~reclassification.

Appears in 2 contracts

Sources: Credit Agreement (Molecular Templates, Inc.), Equity Commitment (Threshold Pharmaceuticals Inc)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides its outstanding shares of Common Stock into a larger number of shares, or (iii) combines its outstanding shares of Common Stock into a smaller number of shares, or (iv) reissues by reclassification of shares of capital stock any additional shares of Common Stock of the Company, then in each such ~~case~~ case, the ~~Exercise Price~~ number of Warrant Shares then underlying this Warrant shall be ~~multiplied~~ divided by a ~~fraction~~ fraction, the numerator of which ~~the numerator~~ shall be the number of shares of Common Stock outstanding immediately before such event and the denominator of which ~~the denominator~~ shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 2 contracts

Sources: Pre Funded Warrant to Purchase Common Stock (Dianthus Therapeutics, Inc. /DE/), Pre Funded Warrant to Purchase Common Stock (Dianthus Therapeutics, Inc. /DE/)

Stock Dividends and Splits. If the Company, at any time while this ~~Warrant~~ Debenture is outstanding, : (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of ~~stockholders~~ shareholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 2 contracts

Sources: Subordinated Convertible Debenture Purchase Agreement (Bakers Footwear Group Inc), Subordinated Convertible Debenture (Bakers Footwear Group Inc)

Stock Dividends and Splits. If the Company, at any time while this ~~Warrant~~ Note is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common ~~Stock~~Stock (other than with respect to the payment of accrued dividends in shares of Common Stock that are required or permitted under the terms of the Company’s Series C Preferred Stock in effect as of May 3, 2007), (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this ~~paragraph~~ Section 11(a) shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this ~~paragraph~~ Section 11(a) shall become effective immediately after the effective date of such subdivision or combination.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Easylink Services International Corp), Securities Purchase Agreement (Internet Commerce Corp)

Stock Dividends and Splits. (i) If the Company, at any time while this Warrant is outstanding, (iA) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (iiB) subdivides outstanding shares of Common Stock into a larger number of shares, or (~~iii~~C) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (iA) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (iiB) or (~~iii~~C) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 2 contracts

Sources: Restructuring Agreement (Emisphere Technologies Inc), Letter Agreement (Emisphere Technologies Inc)

Stock Dividends and Splits. If the Company, at any time while ~~this Warrant is~~ any Secured Debentures are outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 2 contracts

Sources: Debenture Agreement (Millennium Cell Inc), Debenture Agreement (Millennium Cell Inc)

Stock Dividends and Splits. If the ~~Company~~Parent, at any time while this ~~Warrant~~ Note is outstanding, : (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of ~~stockholders~~ shareholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 2 contracts

Sources: Securities Agreement (Empire Petroleum Corp), Securities Agreement (Empire Petroleum Corp)

Stock Dividends and Splits. ~~If the Company~~If, at any time while this Warrant is outstanding, (i) ~~pays~~ a stock dividend is paid on ~~its~~ the Common Stock or distribution is otherwise ~~makes a distribution~~ made on any class of capital stock that is payable in ~~shares of~~ Common Stock, (ii) ~~subdivides~~ there is a subdivision of the outstanding shares of Common Stock into a larger number of shares, or (iii) ~~combines~~ there is a combination of outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 2 contracts

Sources: Warrant Agreement (Sino Green Land Corp), Warrant Agreement (Sino Green Land Corp)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides its outstanding shares of Common Stock into a larger number of shares, or (iii) combines its outstanding shares of Common Stock into a smaller number of ~~shares~~shares or (iv) issues by reclassification of shares of Common Stock any shares of capital stock of the Company, then in each such case the Exercise Price shall be ~~multiplied~~ adjusted to a price determined by multiplying the Exercise Price in effect immediately prior to the effective date of such event by a ~~fraction~~ fraction, the numerator of which ~~the numerator~~ shall be the number of shares of Common Stock outstanding on such effective date immediately before giving effect to such event and the denominator of which ~~the denominator~~ shall be the number of shares of Common Stock outstanding immediately after giving effect to such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii), (iii) or (~~iii~~iv) of this paragraph shall become effective immediately after the effective date of such ~~subdivision~~ subdivision, combination or ~~combination~~reclassification.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Baxano Surgical, Inc.), License Agreement (Derma Sciences, Inc.)

Stock Dividends and Splits. If the Company, at any time while this ~~Warrant~~ Note is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this ~~paragraph~~ Section 12(a) shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this ~~paragraph~~ Section 12(a) shall become effective immediately after the effective date of such subdivision or combination.

Appears in 2 contracts

Sources: Securities Agreement (Visual Data Corp), Securities Agreement (Onstream Media CORP)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on ~~its~~ the Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of the Common Stock, (ii) subdivides outstanding shares of the Common Stock into a larger number of ~~shares,~~ shares or (iii) combines outstanding shares of the Common Stock into a smaller number of shares, then in each such ~~case~~ case, the Exercise Price shall be multiplied by a ~~fraction~~ fraction, of which the numerator shall be the number of shares of the Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of the Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 2 contracts

Sources: Amending Agreement (OccuLogix, Inc.), Loan Agreement (OccuLogix, Inc.)

Stock Dividends and Splits. If the Company~~, at any time while this Warrant is outstanding~~, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides its outstanding shares of Common Stock into a larger number of shares, or (iii) combines its outstanding shares of Common Stock into a smaller number of ~~shares~~shares or (iv) issues by reclassification of shares of Common Stock any shares of capital stock of the Company, then in each such case the Exercise Price shall be multiplied by a ~~fraction~~ fraction, the numerator of which ~~the numerator~~ shall be the number of shares of Common Stock outstanding immediately before such event and the denominator of which ~~the denominator~~ shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii), (iii) or (~~iii~~iv) of this paragraph shall become effective immediately after the effective date of such subdivision or ~~combination~~combination or reclassification.

Appears in 2 contracts

Sources: Warrant Agreement (Aastrom Biosciences Inc), Class B Warrant Agreement (Aastrom Biosciences Inc)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its ~~Common Stock~~ Class A Ordinary Shares or otherwise makes a distribution on any class of capital stock that is payable in ~~shares~~ Class A Ordinary Shares (which, for avoidance of ~~Common Stock~~doubt, shall not include any Class A Ordinary Shares issued by the Company upon exercise of this Warrant or any other Warrants), (ii) subdivides outstanding ~~shares of Common Stock~~ Class A Ordinary Shares into a larger number of shares, or (iii) combines (including by way of reverse stock split) outstanding ~~shares of Common Stock~~ Class A Ordinary Shares into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of ~~shares of Common Stock~~ Class A Ordinary Shares outstanding immediately before such event and of which the denominator shall be the number of ~~shares of Common Stock~~ Class A Ordinary Shares outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 2 contracts

Sources: Purchase Warrant (BrilliA Inc), Purchase Warrant (BrilliA Inc)

Stock Dividends and Splits. If the Company, at any time while this ~~Warrant~~ Note is outstanding, : (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Initial Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of ~~stockholders~~ shareholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 2 contracts

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

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common ~~Stock~~ Shares or otherwise makes a distribution on any class of capital stock that is payable in ~~shares of~~ Common ~~Stock~~Shares, (ii) subdivides its outstanding ~~shares of~~ Common ~~Stock~~ Shares into a larger number of shares, or (iii) combines its outstanding ~~shares of~~ Common ~~Stock~~ Shares into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a ~~fraction~~ fraction, the numerator of which ~~the numerator~~ shall be the number of ~~shares of~~ Common ~~Stock~~ Shares outstanding immediately before such event and the denominator of which ~~the denominator~~ shall be the number of ~~shares of~~ Common ~~Stock~~ Shares outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 2 contracts

Sources: Warrant Agreement (Zomedica Corp.), Warrant Agreement (Zomedica Corp.)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides its outstanding shares of Common Stock into a larger number of shares, or (iii) combines its outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a ~~fraction~~ fraction, the numerator of which ~~the numerator~~ shall be the number of shares of Common Stock outstanding immediately before such event and the denominator of which ~~the denominator~~ shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this ~~paragraph~~ Section 9(a) shall become effective immediately after the effective date of such subdivision or combination.

Appears in 1 contract

Sources: Warrant Agreement (Celator Pharmaceuticals Inc)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides its outstanding shares of Common Stock into a larger number of shares, or (iii) combines its outstanding shares of Common Stock into a smaller number of shares, ~~then~~ then, in each such ~~case~~ case, the Exercise Price shall be multiplied by a ~~fraction~~ fraction, the numerator of which ~~the numerator~~ shall be the number of shares of Common Stock outstanding immediately before such event and the denominator of which ~~the denominator~~ shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to ~~clause~~ clauses (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 1 contract

Sources: Warrant Agreement (First Choice Healthcare Solutions, Inc.)

Appears in 1 contract

Sources: Senior Secured Convertible Note (Solar Thin Films, Inc.)

Appears in 1 contract

Sources: Securities Purchase Agreement (Bitzumi, Inc.)

Appears in 1 contract

Sources: Securities Agreement (China Energy Recovery, Inc.)

Stock Dividends and Splits. If the Company, -------------------------- at any time while this ~~Warrant~~ Debenture is outstanding, : (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of ~~stockholders~~ shareholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 1 contract

Sources: Securities Agreement (Zoltek Companies Inc)

Stock Dividends and Splits. If the Company, at any time while this ~~Warrant is~~ Warrantis outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination. If any event requiring an adjustment under this paragraph occurs during the period that an Exercise Price is calculated hereunder, then the calculation of such Exercise Price shall be adjusted appropriately to reflect such event.

Appears in 1 contract

Sources: Securities Purchase Agreement (Buyers United Inc)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, : (iA) pays a stock dividend or otherwise make a distribution or distributions on shares of its Common Stock or ~~otherwise makes a distribution on~~ any ~~class of capital stock that is~~ other equity or equity equivalent securities payable in shares of Common Stock, (iiB) subdivides outstanding shares of Common Stock into a larger number of shares, or (~~iii~~C) combines (including by way of reverse stock split) outstanding shares of Common Stock into a smaller number of shares, then in each ~~such~~ case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such ~~event~~event and the number of shares issuable upon exercise of this Warrant shall be proportionately adjusted. Any adjustment made pursuant to ~~clause (i~~this Section 3(a) ~~of this paragraph~~ shall become effective ~~immediately after~~ at the ~~record date for the determination~~ effective time of ~~stockholders entitled to receive~~ such ~~dividend or~~ dividend, distribution, ~~and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such~~ subdivision or combination.

Appears in 1 contract

Sources: Convertible Note and Warrant Purchase Agreement (Oxygen Biotherapeutics, Inc.)

Stock Dividends and Splits. If the ~~Company~~Borrower, at any time -------------------------- while this ~~Warrant~~ Note is outstanding, : (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of ~~stockholders~~ shareholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 1 contract

Sources: Securities Agreement (Zoltek Companies Inc)

Stock Dividends and Splits. If the Company, at any time ~~while this Warrant is outstanding~~prior to repayment of the Loan in full, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 1 contract

Sources: Securities Acquisition and Investor Rights Agreement (Medirect Latino Inc)

Stock Dividends and Splits. If the Company, at any time -------------------------- while ~~this Warrant is~~ any Debentures are outstanding, (i) pays a stock dividend on its shares of Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 1 contract

Sources: Securities Agreement (Electric Fuel Corp)

Appears in 1 contract

Sources: Securities Agreement (Simtek Corp)

Stock Dividends and Splits. If the Company, at any time while this ~~Warrant~~ Note is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common ~~Stock~~Stock (other than with respect to the payment of accrued dividends in shares of Common Stock that are required or permitted under the terms of the Company’s Series C Preferred Stock in effect as of May 3, 2007), (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this ~~paragraph~~ Section 10(a) shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this ~~paragraph~~ Section 10(a) shall become effective immediately after the effective date of such subdivision or combination.

Appears in 1 contract

Sources: Securities Purchase Agreement (Internet Commerce Corp)

Appears in 1 contract

Sources: Securities Agreement (Nemaura Medical Inc.)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall ~~become effective~~ becomeeffective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination. If any event requiring an adjustment under this paragraph occurs during the period that an Exercise Price is calculated hereunder, then the calculation of such Exercise Price shall be adjusted appropriately to reflect such event.

Appears in 1 contract

Sources: Securities Agreement (U S Wireless Data Inc)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution ~~on any class~~ to holders of ~~capital stock~~ its Common Stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 1 contract

Sources: Consulting Agreement (Bidz.com, Inc.)

Stock Dividends and Splits. If the Company, at any time while this ~~Warrant~~ Note is outstanding, : (i) pays a stock dividend on its Common Stock payable in shares of Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of ~~stockholders~~ shareholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 1 contract

Sources: Securities Purchase Agreement (Tut Systems Inc)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or ~~distribution~~distribution (provided that such dividend or distribution is actually effected), and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 1 contract

Sources: Securities Agreement (Energy Focus, Inc/De)

Appears in 1 contract

Sources: Securities Agreement (Smartserv Online Inc)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common Stock in shares of Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 1 contract

Sources: Securities Agreement (Tut Systems Inc)

Stock Dividends and Splits. If the Company, at any time while ~~this Warrant is~~ any Exchange Debentures are outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 1 contract

Sources: Debenture Agreement (Millennium Cell Inc)

Stock Dividends and Splits. If the Company, at any -------------------------- time while this ~~Warrant~~ Debenture is outstanding, : (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of ~~stockholders~~ shareholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 1 contract

Sources: Securities Agreement (Zoltek Companies Inc)

Stock Dividends and Splits. If the Company, at any time while this ~~Warrant~~ warrant is outstanding, (iA) ~~pays~~ pay a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (iiB) subdivides outstanding shares of Common Stock into a larger number of shares, or (~~iii~~C) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately ~~before~~ after such ~~event and of which the~~ denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (iA) of this paragraph shall become effective immediately after the record date for the determination of stockholders ~~entitled~~ entitles to receive such dividend or distribution, and any adjustment pursuant to clause (iiB) or (~~iii~~C) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 1 contract

Sources: Warrant Agreement (Global Power Equipment Group Inc/)

Appears in 1 contract

Sources: Warrant Agreement (Pacific Ethanol, Inc.)

Stock Dividends and Splits. If the Company, at any time while this Redeemable Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.. LIBC/3181774.1

Appears in 1 contract

Sources: Securities Agreement (Idaho North Resources Corp.)

Stock Dividends and Splits. If the Company, at any time while this ~~Warrant~~ Note is outstanding, : (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the ~~record~~ effective date ~~for the determination~~ of ~~stockholders entitled to receive~~ such stock dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 1 contract

Sources: Securities Purchase Agreement (Toreador Resources Corp)

Stock Dividends and Splits. (i) If ~~the Company~~QSGI, at any time while this ~~Warrant~~ Note is outstanding, (ix) pays a stock dividend on its ~~Common Stock~~ common stock or otherwise makes a distribution on any class of capital stock that is payable in shares of ~~Common Stock~~common stock, (iiy) subdivides outstanding shares of ~~Common Stock~~ common stock into a larger number of shares, or (~~iii~~z) combines outstanding shares of ~~Common Stock~~ common stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Outstanding Common Stock ~~outstanding~~ immediately before such event and ~~of which~~ the denominator shall be the number of shares of Outstanding Common Stock ~~outstanding~~ immediately after such event. Any adjustment made pursuant to clause (ix) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (iiy) or (~~iii~~z) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 1 contract

Sources: Subordinated Note (Qsgi Inc.)

Stock Dividends and Splits. If the ~~Company~~Borrower, -------------------------- at any time while this ~~Warrant~~ Note is outstanding, : (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of ~~stockholders~~ shareholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 1 contract

Sources: Securities Agreement (Zoltek Companies Inc)

Stock Dividends and Splits. ~~If the Company~~If, at any time while this Warrant is outstanding, (i) ~~pays~~ a stock dividend is paid on ~~its Common Stock~~ the Securities or distribution is otherwise ~~makes a distribution~~ made on any class of capital stock that is payable in ~~shares of Common Stock~~such Securities, (ii) ~~subdivides~~ there is a subdivision of the outstanding ~~shares of Common Stock~~ Securities into a larger number of shares, or (iii) ~~combines~~ there is a combination of outstanding ~~shares of Common Stock~~ Securities into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of ~~Common Stock~~ the Securities outstanding immediately before such event and of which the denominator shall be the number of shares of ~~Common Stock~~ the Securities outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 1 contract

Sources: Securities Agreement (Henry County Plywood Corp)

Stock Dividends and Splits. If the Company, at any time while -------------------------- this Warrant is outstanding, (i) pays a stock dividend on its Common Stock or otherwise makes a distribution on any class of capital stock that is payable in shares of Common Stock, (ii) subdivides outstanding shares of Common Stock into a larger number of shares, or (iii) combines outstanding shares of Common Stock into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of shares of Common Stock outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination. If any event requiring an adjustment under this paragraph occurs during the period that an Exercise ▇▇▇▇▇ is calculated hereunder, then the calculation of such Exercise Price shall be adjusted appropriately to reflect such event.

Appears in 1 contract

Sources: Securities Agreement (Act Teleconferencing Inc)

Stock Dividends and Splits. If the Company, at any time while this Warrant is outstanding, (i) pays a stock dividend on its Common ~~Stock~~ Shares or otherwise makes a distribution on any class of capital stock that is payable in ~~shares of~~ Common ~~Stock~~Shares, (ii) subdivides outstanding ~~shares of~~ Common ~~Stock~~ Shares into a larger number of shares, or (iii) combines outstanding ~~shares of~~ Common ~~Stock~~ Shares into a smaller number of shares, then in each such case the Exercise Price shall be multiplied by a fraction of which the numerator shall be the number of ~~shares of~~ Common ~~Stock~~ Shares outstanding immediately before such event and of which the denominator shall be the number of ~~shares of~~ Common ~~Stock~~ Shares outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 1 contract

Sources: Securities Agreement (ParcelPal Logistics Inc.)

Stock Dividends and Splits. If the Company, at any time while this ~~Warrant~~ Note is outstanding, (i) pays a stock dividend on its Common ~~Stock~~ Shares or otherwise makes a distribution on any class of capital stock that is payable in ~~shares of~~ Common ~~Stock~~Shares or securities convertible into or exchangeable for Common Shares, (ii) subdivides outstanding ~~shares of~~ Common ~~Stock~~ Shares into a larger number of shares, or (iii) combines outstanding ~~shares of~~ Common ~~Stock~~ Shares into a smaller number of shares, then in each such case the ~~Exercise~~ Conversion Price shall be multiplied by a fraction of which the numerator shall be the number of ~~shares of~~ Common ~~Stock~~ Shares outstanding immediately before such event and of which the denominator shall be the number of shares of Common Stock outstanding immediately after such event. Any adjustment made pursuant to clause (i) of this paragraph shall become effective immediately after the record date for the determination of stockholders entitled to receive such dividend or distribution, and any adjustment pursuant to clause (ii) or (iii) of this paragraph shall become effective immediately after the effective date of such subdivision or combination.

Appears in 1 contract

Sources: Convertible Note Purchase Agreement (Ecotality, Inc.)

Common use of Stock Dividends and Splits Clause in Contracts