Stock Dividends. In case the Company shall declare a dividend or make any other distribution upon any stock of the Company (other than the Common Stock) payable in Common Stock, Options or Convertible Securities, then any Common Stock, Options or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without consideration.
Appears in 4 contracts
Sources: Securities Agreement (Matritech Inc/De/), Security Agreement (Matritech Inc/De/), Securities Agreement (Matritech Inc/De/)
Stock Dividends. In case the Company Corporation shall declare a dividend or make any other distribution upon any stock of the Company Corporation payable in Common Stock (other than except for dividends or distributions upon the Common Stock) payable in Common Stock), Options or Convertible Securities, then any Common Stock, Options or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without consideration.
Appears in 4 contracts
Sources: Stock Purchase Agreement (Neon Systems Inc), Registration Rights Agreement (New Era of Networks Inc), Purchase Agreement (Ets International Inc)
Stock Dividends. In case the Company Corporation shall declare a dividend or make any other distribution upon any stock of the Company (other than the Common Stock) Corporation payable in Common Stock, Options or Convertible Securities, then any Common Stock, Options or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without considerationin a subdivision of outstanding shares as provided in paragraph (h) below.
Appears in 3 contracts
Sources: Guaranty Agreement (Med E America Corp), Agreement (Med E America Corp), Guaranty Agreement (Med E America Corp)
Stock Dividends. In case the Company Corporation shall declare a dividend or make any other distribution upon any stock of the Company (other than the Common Stock) Corporation payable in Common StockStock (except for the issue of stock dividends or distributions upon the outstanding Common Stock for which adjustment is made pursuant to paragraph 5F), Options or Convertible Securities, then any Common Stock, Options or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without consideration.
Appears in 2 contracts
Sources: Series a Convertible Preferred Stock Purchase Agreement, Series a Convertible Preferred Stock Purchase Agreement (Seachange International Inc)
Stock Dividends. In case the Company shall declare a dividend or make any other distribution upon any stock of the Company (other than the Common Stock) payable in Common Stock, Options Stock or Convertible Securities, then any Common Stock, Options Stock or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without consideration, subject to this Section 5.
Appears in 2 contracts
Sources: Warrant Agreement (Hauser Inc), Warrant Agreement (Zatpack Inc)
Stock Dividends. In Without duplication of the adjustment contemplated by clause (g) below, in case the Company Corporation shall declare a dividend or make any other distribution upon any stock of the Company (other than the Common Stock) Corporation payable in Common Stock, Options or Convertible Securities, then any Common Stock, Options or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without consideration.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Reuters Group PLC), Securities Purchase Agreement (Savvis Communications Corp)
Stock Dividends. In case the event the Company shall declare make or issue a dividend or make any other distribution upon any stock payable in Common Stock or securities of the Company (other than convertible into or otherwise exchangeable for the Common Stock) payable in Common Stock, Options or Convertible SecuritiesStock of the Company, then any such Common Stock, Options Stock or Convertible Securities, as the case may be, issuable other securities issued in payment of such dividend or distribution shall be deemed to have been issued or sold without considerationconsideration (except for dividends payable in shares of Common Stock payable pro rata to holders of Preferred Stock and to holders of any other class of stock).
Appears in 2 contracts
Sources: Series a Preferred Stock Purchase Agreement (Lets Talk Cellular & Wireless Inc), Series a Preferred Stock Purchase Agreement (Lets Talk Cellular & Wireless Inc)
Stock Dividends. In case the Company shall declare a dividend or --------------- make any other distribution upon any stock of the Company (other than the Common Stock) payable in Common Stock, Options or Convertible Securities, then any Common Stock, Options or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without consideration.
Appears in 2 contracts
Sources: Warrant Agreement (Corinthian Colleges Inc), Warrant Agreement (Corinthian Colleges Inc)
Stock Dividends. In case the Company shall declare a dividend --------------- or make any other distribution upon any stock of the Company (other than the Common Stock) payable in Common Stock, Options or Convertible Securities, then any Common Stock, Options or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without consideration.
Appears in 2 contracts
Sources: Warrant Agreement (Corinthian Colleges Inc), Warrant Agreement (Corinthian Colleges Inc)
Stock Dividends. In case the Company Corporation shall declare a dividend or make any other distribution upon any stock of the Company (other than the Common Stock) Corporation payable in Common Stock, Options or Convertible Securities, then any Common Stock, Options or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without consideration.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Aurora Electronics Inc), Guaranty Agreement (Med E America Corp)
Stock Dividends. In case the Company shall declare a dividend or make any other distribution upon any stock shares of the Company (other than the Common Stock) payable in Common StockShares, Options or Convertible Securities, then any Common Stock, Options or Convertible Securities, as the case may be, Shares issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without consideration.
Appears in 2 contracts
Sources: Warrant Agreement (Leucadia National Corp), Warrant Agreement (Leucadia National Corp)
Stock Dividends. In Without duplication of the adjustment contemplated by clause (f) below, in case the Company Corporation shall declare a dividend or make any other distribution upon any stock of the Company (other than the Common Stock) Corporation payable in Common Stock, Options or Convertible Securities, then any Common Stock, Options or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without consideration.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Savvis Communications Corp), Stockholders Agreement (Quorum Health Group Inc)
Stock Dividends. In case the Company shall declare a dividend or make any other distribution upon any stock of the Company (other than the Common Stock) payable in Common Stock, Options or Convertible Securities, then any Common Stock, Options or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without considerationin a subdivision of outstanding shares as provided in paragraph (h) below.
Appears in 2 contracts
Sources: Stockholders' Agreement (Casella Waste Systems Inc), Stockholders' Agreement (Casella Waste Systems Inc)
Stock Dividends. In case at any time the Company shall declare a dividend or make any other distribution upon any class or series of stock of the Company (other than the Common Stock) payable in Common Stock, Options Shares or Convertible Securities, then any Common Stock, Options Shares or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without considerationconsideration with the effect on the Exercise Price specified in Section 2(a).
Appears in 2 contracts
Sources: Exchange Agreement (Ramsay Health Care Inc), Management Agreement (Ramsay Health Care Inc)
Stock Dividends. In case the Company shall declare a dividend or make any other distribution upon any stock of the Company (other than the Common Stock) payable in Common Stockcommon stock, Options or Convertible Securities, then any Common Stockcommon stock, Options or Convertible Securities, as the case may be, issuable in payment of such that dividend or distribution shall be deemed to have been issued issued, granted or sold without considerationconsideration and the Series A-1 Conversion Price and the Series B Conversion Price shall be adjusted accordingly under the provisions of this section 3(c).
Appears in 1 contract
Sources: Governance Agreement (Huff Alternative Income Fund Lp)
Stock Dividends. In case at any time the Company shall declare a dividend or make any other distribution upon any class or series of stock of the Company (other than the Common Stock) payable in shares of Common Stock, Options Stock or Convertible Securities, then any shares of Common Stock, Options Stock or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without consideration.
Appears in 1 contract
Sources: Convertible Senior Subordinated Promissory Note and Warrant Purchase Agreement (Electric City Corp)
Stock Dividends. In case the Company shall declare a dividend or make any other distribution upon any stock of the Company (other than the Common Stock) payable in Common Stock, Options or Convertible Securities, then any Common Stock, Options or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without consideration.
Appears in 1 contract
Sources: Warrant Agreement (Chapeau Inc)
Stock Dividends. In case the Company Corporation shall declare a dividend or make any other distribution upon any stock of the Company (other than the Common Stock) Corporation payable in Common Stock, Options or Convertible Securities, then any Common Stock, Options or Convertible Securities, as the case may be, issuable Issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without considerationin a subdivision of outstanding shares as provided in Paragraph (d) immediately preceding.
Appears in 1 contract
Stock Dividends. In case the Company shall declare a dividend or make --------------- any other distribution upon any stock of the Company (other than the Common Stock) payable in Common Stock, Options Stock or Convertible Securities, then any Common Stock, Options Stock or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without consideration, subject to this Section 6.
Appears in 1 contract
Stock Dividends. In case the Company Corporation shall declare a dividend or make any other distribution upon any stock of the Company (other than the Common Stock) Corporation payable in Common Stock, Options or Convertible Securitiesrights to subscribe for Common Stock or any stock or securities convertible or exchangeable for Common Stock, then any Common Stock, Options or Convertible Securities, as the case may be, issuable without consideration in payment of such dividend or distribution shall be deemed to have treated as having been issued or sold without consideration, and the Warrant Exercise Price shall be reduced as if the Corporation had subdivided its outstanding shares of Common Stock into a greater number of shares, as provided in paragraph (a) above.
Appears in 1 contract
Stock Dividends. In case the Company Corporation shall declare a dividend or make any other distribution upon any stock of the Company (other than the Common Stock) Corporation payable in Common StockStock (except for the issue of stock dividends or distributions upon the outstanding Common Stock for which adjustment is made pursuant to Section 10), Options or Convertible Securities, then any Common Stock, Options or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without consideration.
Appears in 1 contract
Sources: Common Stock Purchase Warrant (Coley Pharmaceutical Group, Inc.)
Stock Dividends. In case the Company shall declare a dividend --------------- or make any other distribution upon any stock of the Company (other than the Common Stock) payable in Common Stock, Options Stock or Convertible Securities, then any Common Stock, Options Stock or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without consideration, subject to Section 6.
Appears in 1 contract
Stock Dividends. In case at any time the Company shall --------------- declare a dividend or make any other distribution upon any class or series of stock of the Company (other than the Common Stock) payable in shares of Common Stock, Options Stock or Convertible Securities, then any shares of Common Stock, Options Stock or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without consideration.
Appears in 1 contract
Sources: Note, Stock Purchase and Warrant Agreement (Elephant & Castle Group Inc)
Stock Dividends. In case the Company shall declare a dividend or make any other distribution upon any stock of the Company (other than the Common Stock) payable in Common Stock, Options or Convertible Securities, then any Common Stock, Options or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without considerationfor $0.01 per share.
Appears in 1 contract
Sources: Securities Purchase Agreement (DigitalFX International Inc)
Stock Dividends. In case the Company shall declare a dividend or make ---------------- any other distribution upon any stock of the Company (other than the Common Stock) payable in Common Stock, Options Stock or Convertible Securities, then any Common Stock, Options Stock or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without consideration, subject to this Section 6.
Appears in 1 contract
Stock Dividends. In case the Company shall declare a dividend or make any other distribution upon any stock of the Company (other than the Common Stock) payable in Common Stock, Options or Convertible Securities, then any Common Stock, Options or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without considerationconsideration and the Conversion Price then in effect shall be adjusted accordingly.
Appears in 1 contract
Stock Dividends. In case the Company Corporation shall declare a dividend or make any other distribution upon any stock of the Company Corporation payable in Common Stock (other than except for dividends or distributions upon the Common Stock) payable in Common Stock), Options or Convertible SecuritiesSecurities (except for dividends or distributions on the Series A Preferred), then any the Common Stock, Options or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without considerationat consideration equal to $.01 per share.
Appears in 1 contract
Stock Dividends. In case the Company shall declare a dividend or make any nay other distribution upon any stock of the Company payable in Common Stock (other than except for dividends or distributions upon the Common Stock) payable in Common Stock), Options or Convertible Securities, then any Common Stock, Options or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without consideration.
Appears in 1 contract
Sources: Series a Convertible Preferred Stock and Warrant Purchase Agreement (Medical Sterilization Inc)
Stock Dividends. In case the Company shall declare a dividend --------------- or make any other distribution upon any stock of the Company payable in Common Stock (other than except for dividends or distributions upon the Common Stock) payable in Common Stock), Options or Convertible Securities, then any Common Stock, Options or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without consideration.
Appears in 1 contract
Stock Dividends. In case the Company Corporation shall declare a dividend or make any other distribution upon any stock of the Company (other than the Common Stock) Corporation payable in Common Stock, Options or Convertible Securities, then any Common Stock, Options or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without consideration, and the Series B Conversion Price shall be reduced as if the Corporation had subdivided its outstanding shares of Common Stock into a greater number of shares, as provided in Section 2.7f hereof.
Appears in 1 contract
Sources: Preferred Stock Purchase Agreement (Jacobs Jay Inc)
Stock Dividends. In case the Company event the Corporation shall declare make or issue a dividend or make any other distribution upon any stock of the Company (other than the Common Stock) payable in Common Stock, Options Stock or Convertible Securitiessecurities of the Corporation convertible into or otherwise exchangeable for the Common Stock of the Corporation, then any such Common Stock, Options Stock or Convertible Securities, as the case may be, issuable other securities issued in payment of such dividend or distribution shall be deemed to have been issued or sold without considerationconsideration (except for dividends payable in shares of Common Stock payable pro rata to holders of Series B Preferred Stock and to holders of any other class of stock).
Appears in 1 contract
Sources: Securities Purchase and Redemption Agreement (Sybari Software, Inc.)
Stock Dividends. In case at any time the Company shall declare a dividend or make any other distribution upon any class or series of stock of the Company (other than the Common Stock) payable in Common Stock, Options Stock or Convertible Securities, then any Common Stock, Options Stock or Convertible Securities, as the case may be, issuable in payment of such dividend or distribution shall be deemed to have been issued or sold without considerationconsideration with the effect on the Option Exercise Price specified in Section 5(b).
Appears in 1 contract
Sources: Option Agreement (Essex Corporation)