Subsequent Adjustments. If at any time after any adjustment of the Aggregate Number shall have been made pursuant to Section 6(a)(iv) or (v) hereof on the basis of the issuance of warrants, options or other rights or the issuance of Convertible Securities, or after any new adjustments of the Aggregate Number shall have been made pursuant to this Section 6(a)(vi), (A) such warrants, options or rights or the right of conversion or exchange in such Convertible Securities shall expire, and a portion of such warrants, options or rights, or the right of conversion or exchange in respect of a portion of such Convertible Securities, as the case may be, shall not have been exercised prior to such expiration, and/or (B) in the case of adjustments made pursuant to Section 6(a)(iv) or (v), the consideration per share for which shares of Common Stock are issuable pursuant to such warrants, options or rights per the terms of such Convertible Securities shall be irrevocably increased solely by virtue of provisions therein contained for an automatic increase in such consideration per share upon the arrival of a specified date or the happening of a specified event, such previous adjustment shall be rescinded and annulled and the additional shares of Common Stock which were deemed to have been issued by virtue of the computation made in connection with such adjustment shall no longer be deemed to have been issued by virtue of such computation. Simultaneously therewith, a recomputation shall be made of the effect of such warrants, options or rights or Convertible Securities on the determination of the Aggregate Number, which shall be made on the basis of: (1) treating the number of additional shares of Common Stock, if any, theretofore actually issued pursuant to the previous exercise of such warrants, options or rights or such right of conversion or exchange as having been issued on the date or dates of such exercise and, in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), for the consideration actually received and receivable therefor, and (2) in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), treating any such warrants, options or rights or any such Convertible Securities which then remain outstanding as having been granted or issued immediately after the time of such irrevocable increase of the consideration per share for which shares of Common Stock are issuable under such warrants, options or rights or Convertible Securities; and, if and to the extent called for by the foregoing provisions of Section 6(a)(vi) on the basis aforesaid, a new adjustment of the Aggregate Number shall be made, such new adjustment shall supersede the previous adjustment so rescinded and annulled.
Appears in 4 contracts
Sources: Common Stock Purchase Warrant (Ruths Chris Steak House, Inc.), Common Stock Purchase Warrant (Ruths Chris Steak House, Inc.), Common Stock Purchase Warrant (Personnel Group of America Inc)
Subsequent Adjustments. If at any time after any an adjustment of the Aggregate Number shall have Exercise Price has been made pursuant to Section 6(a)(iv) or (v5(a)(iv) hereof on the basis of the issuance of Convertible Securities (or any warrants or options or other rights to subscribe for Convertible Securities), warrants, options or other rights or the issuance of Convertible Securitiesrights, or after any new adjustments of the Aggregate Number Exercise Price shall have been made pursuant to this Section 6(a)(vi5(a)(v),
(A) such warrants, options or rights or the right of conversion or exchange in such Convertible Securities shall expire, and a all or any portion of such warrants, options or rights, or the right of conversion or exchange in respect of a all or any portion of such Convertible Securities, as the case may be, shall not have been exercised prior to such expiration, and/or
(B) in the case of adjustments made pursuant to Section 6(a)(iv) or (v5(a)(iv), the consideration per share for which shares of Common Stock are issuable pursuant to such warrants, options or rights per the terms of such Convertible Securities shall be irrevocably increased solely by virtue of provisions therein contained for an automatic increase in such consideration per share upon the arrival of a specified date or the happening of a specified event, such previous adjustment shall be rescinded and annulled and the additional shares of Common Stock which were deemed to have been issued by virtue of the computation made in connection with such adjustment shall no longer be deemed to have been issued by virtue of such computation. Simultaneously therewith, a recomputation shall be made of the effect of such warrants, options or rights or Convertible Securities on the determination of the Aggregate NumberExercise Price, which shall be made on the basis of:
(1) treating the number of additional shares of Common Stock, if any, theretofore actually issued pursuant to the previous exercise of such warrants, options or rights or such right of conversion or exchange as having been issued on the date or dates of such exercise and, in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v5(a)(iv), for the consideration actually received and receivable therefor, and
(2) in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v5(a)(iv), treating any such warrants, options or rights or any such Convertible Securities which then remain outstanding as having been granted or issued immediately after the time of such irrevocable increase of the consideration per share for which shares of Common Stock are issuable under such warrants, options or rights or Convertible Securities; and, if and to the extent called for by the foregoing provisions of this Section 6(a)(vi5(a)(v) on the basis aforesaid, a new adjustment of the Aggregate Number Exercise Price shall be made, such new adjustment shall supersede the previous adjustment so rescinded and annulled.
Appears in 3 contracts
Sources: Common Stock Purchase Warrant (Parent Co), Common Stock Purchase Warrant (Parent Co), Common Stock Purchase Warrant (Parent Co)
Subsequent Adjustments. If at any time after any an adjustment of the Aggregate Number shall have has been made pursuant to Section 6(a)(iv) or (v5(a)(iv) hereof on the basis of the issuance of warrants, Convertible Securities (or any warrants or options or other rights to subscribe for Convertible Securities or the issuance of Convertible SecuritiesCommon Stock), or after any new adjustments of the Aggregate Number shall have been made pursuant to this Section 6(a)(vi5(a)(v),;
(A) such warrants, options or rights or the right of conversion or exchange in such Convertible Securities shall expire, and a all or any portion of such warrants, options or rights, or the right of conversion or exchange in respect of a all or any portion of such Convertible Securities, as the case may be, shall not have been exercised prior to such expiration, ; and/or
(B) in the case of adjustments made pursuant to Section 6(a)(iv) or (v5(a)(iv), the consideration per share for which shares of Common Stock are issuable pursuant to such warrants, options or rights or per the terms of such Convertible Securities shall be irrevocably increased solely by virtue of provisions therein contained for an automatic increase in such consideration per share upon the arrival of a specified date or the happening of a specified event, ; such previous adjustment shall be rescinded and annulled and the additional shares of Common Stock adjustments to the Exercise Price and the Aggregate Number which were deemed to have been issued occurred by virtue of the computation made in connection with such adjustment Section 5(a)(iv) or Section 5(a)(v) shall no longer be deemed to have been issued occurred by virtue of such computationSection 5(a)(iv) or Section 5(a)(v). Simultaneously therewith, a recomputation shall be made of the effect of such Convertible Securities or warrants, options or rights to subscribe for Common Stock or Convertible Securities on the determination of the Exercise Price and the Aggregate Number, which shall be made on the basis of:
(1) treating the number of additional shares of Common Stock, if any, theretofore actually issued pursuant to the previous exercise of such warrants, options or rights to subscribe for Common Stock or Convertible Securities or such right of conversion or exchange in respect of such Convertible Securities as having been issued on the date or dates of such exercise and, in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v5(a)(iv), for the consideration actually received and receivable therefor, ; and
(2) in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v5(a)(iv), treating any such warrants, options or rights to subscribe for Common Stock or Convertible Securities or any such Convertible Securities which then remain outstanding as having been granted or issued immediately after the time of such irrevocable increase of the consideration per share for which shares of Common Stock are issuable under such warrants, options or rights to subscribe for Common Stock or Convertible Securities; and, if and to the extent called for by the foregoing provisions of this Section 6(a)(vi5(a)(v) on the basis aforesaid, a new adjustment of the Exercise Price and the Aggregate Number shall be made, such new adjustment shall supersede the previous adjustment so rescinded and annulled.
Appears in 3 contracts
Sources: Credit Agreement (Verenium Corp), Common Stock Purchase Warrant (Verenium Corp), Common Stock Purchase Warrant (Verenium Corp)
Subsequent Adjustments. If at any time after any adjustment of the Aggregate Number shall have been made pursuant to Section 6(a)(iv6(a) (iv) or (v) hereof on the basis of the issuance of warrants, options or other rights or the issuance of Convertible Securities, or after any new adjustments of the Aggregate Number shall have been made pursuant to this Section 6(a)(vi),, then:
(A) such warrants, options or rights or the right of conversion or exchange in such Convertible Securities shall expire, and a portion of such warrants, options or rights, or the right of conversion or exchange in respect of a portion of such Convertible Securities, as the case may be, shall not have been exercised prior to such expiration, and/orand
(B) in the case of adjustments made pursuant to Section 6(a)(iv) or (v), the consideration per share for which shares of Common Stock are issuable pursuant to such warrants, options or rights per the terms of such Convertible Securities shall be irrevocably increased solely by virtue of provisions therein contained for an automatic increase in such consideration per share upon the arrival of a specified date or the happening of a specified event(provided, no remuneration was paid therefor), and such previous adjustment shall be rescinded and annulled and the additional shares of Common Stock which were deemed to have been issued by virtue of the computation made in connection with such adjustment shall no longer be deemed to have been issued by virtue of such computation. Simultaneously therewith, a recomputation shall be made of the effect of such warrants, options or rights or Convertible Securities on the determination of the Aggregate Number, which shall be made on the basis of:
(1) treating the number of additional shares of Common Stock, if any, theretofore actually issued pursuant to the previous exercise of such warrants, options or rights or such right of conversion or exchange as having been issued on the date or dates of such exercise and, in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), for the consideration actually received and receivable therefor, and
(2) in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), treating any such warrants, options or rights or any such Convertible Securities which then remain outstanding as having been granted or issued immediately after the time of such irrevocable increase of the consideration per share for which shares of Common Stock are issuable under such warrants, options or rights or Convertible Securities; and, if and to the extent called for by the foregoing provisions of Section 6(a)(vi) on the basis aforesaid, a new adjustment of the Aggregate Number shall be made, such new adjustment shall supersede the previous adjustment so rescinded and annulled.
Appears in 2 contracts
Sources: Common Stock Purchase Warrant (Headway Corporate Resources Inc), Common Stock Purchase Warrant (Headway Corporate Resources Inc)
Subsequent Adjustments. If at Prior to the Effective Date, if the Rehabilitator or the Management Services Provider determines that any time after any adjustment amount of the Aggregate Number shall have been made pursuant to Section 6(a)(iv) Cash received by the Holder of a Permitted Claim as a Payment, a payment under the Interim Cash Payment Rules, or (v) hereof any other amount paid by or on the basis behalf of the issuance of warrants, options or other rights or the issuance of Convertible Securities, or after any new adjustments of the Aggregate Number shall have been made pursuant to this Section 6(a)(vi),
(A) such warrants, options or rights or the right of conversion or exchange in such Convertible Securities shall expire, and a portion of such warrants, options or rights, or the right of conversion or exchange Segregated Account in respect of a portion particular Insured Obligation was incorrect, the Rehabilitator or the Management Services Provider may, as necessary to account for such error: (i) recoup from the Holder the amount of such Convertible Securities, as Payments or other amounts paid by the case may be, shall not have been exercised prior to such expiration, and/or
Segregated Account; (Bii) adjust the amount of the Cash paid in respect of the case relevant Insured Obligation in one or more subsequent Payments of adjustments made pursuant to Section 6(a)(iv) other Permitted Claims; or (viii) reduce the Holder’s then applicable Deferred Amount for the relevant Insured Obligation (each, a “Subsequent Adjustment”), by providing the Holder of the Permitted Claim or the Holder’s representative (as applicable) with a notice of Subsequent Adjustment. No later than the thirtieth (30th) day after the delivery of such written notice of Objection to the Holder (the “Subsequent Adjustment Opposition Period”), the consideration per share for which shares of Common Stock are issuable pursuant Holder, if it wishes to dispute such warrantsSubsequent Adjustment, options or rights per shall send to the terms of such Convertible Securities Management Services Provider a written response to the Subsequent Adjustment Notice. Such written response (and any related written communications) shall be irrevocably increased solely delivered by virtue of provisions therein contained for an automatic increase in such consideration per share upon the arrival of email to: with a specified date or the happening of a specified event, such previous adjustment shall be rescinded and annulled copy to: The response must clearly set forth all facts and the additional shares of Common Stock which were deemed to have been issued by virtue of the computation made in connection with such adjustment shall no longer be deemed to have been issued by virtue of such computation. Simultaneously therewith, a recomputation shall be made of the effect of such warrants, options or rights or Convertible Securities on the determination of the Aggregate Number, which shall be made on the basis of:
(1) treating the number of additional shares of Common Stocklegal basis, if any, theretofore actually issued pursuant for the opposition to the previous exercise Subsequent Adjustment. If no response is sent by the Holder within such Subsequent Adjustment Opposition Period, the Management Services Provider may make a Subsequent Adjustment and no further dispute resolution shall be permitted. If a response is submitted within such Subsequent Adjustment Opposition Period, the Rehabilitator shall resolve such dispute in accordance with these Payment Guidelines and communicate such resolution to the Holder in writing (a “Resolution”). Only in the event that a response has been submitted by the Holder within such Subsequent Adjustment Opposition Period and the Rehabilitator issues a written Resolution determining that a Subsequent Adjustment is necessary, shall the Holder have the right to file a motion with the Court asserting that the Subsequent Adjustment was improper. Any such motion must be filed by the Holder no later than the twentieth (20th) day after the delivery of such warrants, options or rights or such right of conversion or exchange as having been issued on the date or dates of such exercise and, in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), for the consideration actually received and receivable therefor, and
(2) in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), treating any such warrants, options or rights or any such Convertible Securities which then remain outstanding as having been granted or issued immediately after the time of such irrevocable increase of the consideration per share for which shares of Common Stock are issuable under such warrants, options or rights or Convertible Securities; and, if and Resolution to the extent called for by the foregoing provisions of Section 6(a)(vi) on the basis aforesaid, a new adjustment of the Aggregate Number shall be made, such new adjustment shall supersede the previous adjustment so rescinded and annulledHolder.
Appears in 1 contract
Sources: Rehabilitation Exit Support Agreement (Ambac Financial Group Inc)
Subsequent Adjustments. If at any time after any an adjustment of the Aggregate Number shall have has been made pursuant to Section 6(a)(iv) or (v) hereof on the basis of the issuance of warrants, Convertible Securities (or any warrants or options or other rights or the issuance of to subscribe for Convertible Securities), or after any new adjustments of the Aggregate Number shall have been made pursuant to this Section 6(a)(vi6(a)(v),;
(A) such warrants, options or rights or the right of conversion or exchange in such Convertible Securities shall expire, and a all or any portion of such warrants, options or rights, or the right of conversion or exchange in respect of a all or any portion of such Convertible Securities, as the case may be, shall not have been exercised prior to such expiration, ; and/or
(B) in the case of adjustments made pursuant to Section 6(a)(iv) or (v), the consideration per share for which shares of Common Stock are issuable pursuant to such warrants, options or rights per the terms of such Convertible Securities shall be irrevocably increased solely by virtue of provisions therein contained for an automatic increase in such consideration per share upon the arrival of a specified date or the happening of a specified event, ; such previous adjustment shall be rescinded and annulled and the additional shares of Common Stock adjustments to the Aggregate Number which were deemed to have been issued occurred by virtue of the computation made in connection with such adjustment Sections 6(a)(iv) or 6(a)(v) shall no longer be deemed to have been issued by virtue of such computationapply. Simultaneously therewith, a recomputation shall be made of the effect of such warrants, options or rights or Convertible Securities on the determination of the Aggregate Number, which shall be made on the basis of:
(1) treating the number of additional shares of Common Stock, if any, theretofore actually issued pursuant to the previous exercise of such warrants, options or rights or such right of conversion or exchange as having been issued on the date or dates of such exercise and, in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), for the consideration actually received and receivable therefor, and
(2) in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), treating any such warrants, options or rights or any such Convertible Securities which then remain outstanding as having been granted or issued immediately after the time of such irrevocable increase of the consideration per share for which shares of Common Stock are issuable under such warrants, options or rights or Convertible Securities; and, if and to the extent called for by the foregoing provisions of Section 6(a)(vi) on the basis aforesaid, a new adjustment of the Aggregate Number shall be made, such new adjustment shall supersede the previous adjustment so rescinded and annulled.
Appears in 1 contract
Sources: Credit Agreement (Lpath, Inc)
Subsequent Adjustments. If at any time after any adjustment of the Aggregate Number shall have been made pursuant to Section 6(a)(iv) or (v) hereof on the basis of the issuance of warrants, options or other rights or the issuance of Convertible Securities, or after any new adjustments of the Aggregate Number shall have been made pursuant to this Section 6(a)(vi6(a)(iv),
(A) such warrants, options or rights or the right of conversion or exchange in such Convertible Securities shall expire, and a portion of such warrants, options or rights, or the right of conversion or exchange in respect of a portion of such Convertible Securities, as the case may be, shall not have been exercised prior to such expiration, and/or
(B) in the case of adjustments made pursuant to Section 6(a)(iv) or (v), the consideration per share for which shares of Common Stock are issuable pursuant to such warrants, options or rights per the terms of such Convertible Securities shall be irrevocably increased solely by virtue of provisions therein contained for an automatic increase in such consideration per share upon the arrival of a specified date or the happening of a specified event, such previous adjustment shall be rescinded and annulled and the additional shares of Common Stock which were deemed to have been issued by virtue of the computation made in connection with such adjustment shall no longer be deemed to have been issued by virtue of such computation. Simultaneously therewith, a recomputation shall be made of the effect of such warrants, options or rights or Convertible Securities on the determination of the Aggregate Number, which shall be made on the basis of:
(1) treating the number of additional shares of Common Stock, if any, theretofore actually issued pursuant to the previous exercise of such warrants, options or rights or such right of conversion or exchange as having been issued on the date or dates of such exercise and, in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), for the consideration actually received and receivable therefor, and
(2) in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), treating any such warrants, options or rights or any such Convertible Securities which then remain outstanding as having been granted or issued immediately after the time of such irrevocable increase of the consideration per share for which shares of Common Stock are issuable under such warrants, options or rights or Convertible Securities; and, if and to the extent called for by the foregoing provisions of Section 6(a)(vi) on the basis aforesaid, a new adjustment of the Aggregate Number shall be made, such new adjustment shall supersede the previous adjustment so rescinded and annulled.
Appears in 1 contract
Sources: Common Stock Purchase Warrant (Ruths Chris Steak House, Inc.)
Subsequent Adjustments. If at any time after any an adjustment of the Aggregate Number shall have has been made pursuant to Section 6(a)(iv) or (v) hereof on the basis of the issuance of Convertible Securities (or any warrants or options or other rights to subscribe for Convertible Securities), warrants, options or other rights or the issuance of Convertible Securities, or after any new adjustments of the Aggregate Number shall have been made pursuant to this Section 6(a)(vi6(a)(v),
(A) such warrants, options or rights or the right of conversion or exchange in such Convertible Securities shall expire, and a all or any portion of such warrants, options or rights, or the right of conversion or exchange in respect of a all or any portion of such Convertible Securities, as the case may be, shall not have been exercised prior to such expiration, and/or
(B) in the case of adjustments made pursuant to Section 6(a)(iv) or (v), the consideration per share for which shares of Common Stock are issuable pursuant to such warrants, options or rights per the terms of such Convertible Securities shall be irrevocably increased solely by virtue of provisions therein contained for an automatic increase in such consideration per share upon the arrival of a specified date or the happening of a specified event, such previous adjustment shall be rescinded and annulled and the additional shares of Common Stock which were deemed to have been issued by virtue of the computation made in connection with such adjustment shall no longer be deemed to have been issued by virtue of such computation. Simultaneously therewith, a recomputation shall be made of the effect of such warrants, options or rights or Convertible Securities on the determination of the Aggregate Number, which shall be made on the basis of:
(1) treating the number of additional shares of Common Stock, if any, theretofore actually issued pursuant to the previous exercise of such warrants, options or rights or such right of conversion or exchange as having been issued on the date or dates of such exercise and, in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), for the consideration actually received and receivable therefor, and
(2) in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), treating any such warrants, options or rights or any such Convertible Securities which then remain outstanding as having been granted or issued immediately after the time of such irrevocable increase of the consideration per share for which shares of Common Stock are issuable under such warrants, options or rights or Convertible Securities; and, if and to the extent called for by the foregoing provisions of this Section 6(a)(vi6(a)(v) on the basis aforesaid, a new adjustment of the Aggregate Number shall be made, such new adjustment shall supersede the previous adjustment so rescinded and annulled.
Appears in 1 contract
Subsequent Adjustments. If at any time after any adjustment of the Aggregate Number shall have been made pursuant to Section 6(a)(iv7(a)(iv) or (v) hereof on the basis of the issuance of warrants, options or other rights or the issuance of Convertible Securities, or after any new adjustments of the Aggregate Number shall have been made pursuant to this Section 6(a)(vi7(a)(vi),
(A) such warrants, options or rights or the right of conversion or exchange in such Convertible Securities shall expire, and a portion of such warrants, options or rights, or the right of conversion or exchange in respect of a portion of such Convertible Securities, as the case may be, shall not have been exercised prior to such expiration, and/or
(B) in the case of adjustments made pursuant to Section 6(a)(iv7(a)(iv) or (v), the consideration per share for which shares of Common Stock are issuable pursuant to such warrants, options or rights per or the terms of such Convertible Securities shall be irrevocably increased solely by virtue of provisions therein contained for an automatic increase in such consideration per share upon the arrival of a specified date or the happening of a specified event, such previous adjustment shall be rescinded and annulled and the additional shares of Common Stock which were deemed to have been issued by virtue of the computation made in connection with such adjustment shall no longer be deemed to have been issued by virtue of such computation. Simultaneously therewith, a recomputation shall be made of the effect of such warrants, options or rights or Convertible Securities on the determination of the Aggregate Number, which shall be made on the basis of:
(1) treating the number of additional shares of Common Stock, if any, theretofore actually issued or issuable pursuant to the previous exercise of such warrants, options or rights or such right of conversion or exchange as having been issued on the date or dates of such exercise and, in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv7(a)(iv) or (v), for the consideration actually received and receivable therefor, and
(2) in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv7(a)(iv) or (v), treating any such warrants, options or rights or any such Convertible Securities which then remain outstanding as having been granted or issued immediately after the time of such irrevocable increase of the consideration per share for which shares of Common Stock are issuable under such warrants, options or rights or Convertible Securities; and, if and to the extent called for by the foregoing provisions of Section 6(a)(vi7(a)(vi) on the basis aforesaid, a new adjustment of the Aggregate Number shall be made, such new adjustment shall supersede the previous adjustment so rescinded and annulled.
Appears in 1 contract
Sources: Preferred Stock and Warrant Purchase Agreement (Physician Partners Inc)
Subsequent Adjustments. If at any time after any adjustment of the Aggregate Number shall have been made pursuant to Section 6(a)(iv) or (v) hereof on the basis of the issuance of warrants, options or other rights or the issuance of Convertible Securities, or after any new adjustments of the Aggregate Number shall have been made pursuant to this Section 6(a)(vi6(a)(v),
(A) such warrants, options or rights or the right of conversion or exchange in such Convertible Securities shall expire, and a portion of such warrants, options or rights, or the right of conversion or exchange in respect of a portion of such Convertible Securities, as the case may be, shall not have been exercised prior to such expiration, and/or
(B) in the case of adjustments made pursuant to Section 6(a)(iv) or (v), the consideration per share for which shares of Common Stock are issuable pursuant to such warrants, options or rights per the terms of such Convertible Securities shall be irrevocably increased solely by virtue of provisions therein contained for an automatic increase in such consideration per share upon the arrival of a specified date or the happening of a specified event, such previous adjustment shall be rescinded and annulled and the additional shares of Common Stock which were deemed to have been issued by virtue of the computation made in connection with such adjustment shall no longer be deemed to have been issued by virtue of such computation. Simultaneously therewith, a recomputation shall be made of the effect of such warrants, options or rights or Convertible Securities on the determination of the Aggregate Number, which shall be made on the basis of:
(1) treating the number of additional shares of Common Stock, if any, theretofore actually issued pursuant to the previous exercise of such warrants, options or rights or such right of conversion or exchange as having been issued on the date or dates of such exercise and, in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), for the consideration actually received and receivable therefor, and
(2) in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), treating any such warrants, options or rights or any such Convertible Securities which then remain outstanding as having been granted or issued immediately after the time of such irrevocable increase of the consideration per share for which shares of Common Stock are issuable under such warrants, options or rights or Convertible Securities; and, if and to the extent called for by the foregoing provisions of this Section 6(a)(vi6(a)(v) on the basis aforesaid, a new adjustment of the Aggregate Number shall be made, such new adjustment shall supersede the previous adjustment so rescinded and annulled.
Appears in 1 contract
Sources: Common Stock Purchase Warrant (Digitalnet Holdings Inc)
Subsequent Adjustments. If at any time after any an adjustment of the Aggregate Number shall have has been made pursuant to Section 6(a)(iv) or (v) hereof on the basis of the issuance of warrants, Convertible Securities (or any warrants or options or other rights to subscribe for Convertible Securities or the issuance of Convertible SecuritiesCommon Stock), or after any new adjustments of the Aggregate Number shall have been made pursuant to this Section 6(a)(vi6(a)(v),
(A) such warrants, options or rights or the right of conversion or exchange in such Convertible Securities shall expire, and a all or any portion of such warrants, options or rights, or the right of conversion or exchange in respect of a all or any portion of such Convertible Securities, as the case may be, shall not have been exercised prior to such expiration, ; and/or
(B) in the case of adjustments made pursuant to Section 6(a)(iv) or (v), the consideration per share for which shares of Common Stock are issuable pursuant to such warrants, options or rights per the terms of such Convertible Securities shall be irrevocably increased solely by virtue of provisions therein contained for an automatic increase in such consideration per share upon the arrival of a specified date or the happening of a specified event, such previous adjustment shall be rescinded and annulled and the additional shares of Common Stock adjustments to the Aggregate Number which were deemed to have been issued occurred by virtue of the computation made in connection with such adjustment Section 6(a)(iv) or Section 6(a)(v) shall no longer be deemed to have been issued occurred by virtue of such computationSection 6(a)(iv) or Section 6(a)(v). Simultaneously therewith, a recomputation shall be made of the effect of such Convertible Securities or warrants, options or rights or Convertible Securities on the determination of the Aggregate Number, which shall be made on the basis of:
(1) treating the number of additional shares of Common Stock, if any, theretofore actually issued pursuant to the previous exercise of such warrants, options or rights or such right of conversion or exchange as having been issued on the date or dates of such exercise and, in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), for the consideration actually received and receivable therefor, ; and
(2) in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), treating any such warrants, options or rights or any such Convertible Securities which then remain outstanding as having been granted or issued immediately after the time of such irrevocable increase of the consideration per share for which shares of Common Stock are issuable under such warrants, options or rights or Convertible Securities; and, if and to the extent called for by the foregoing provisions of this Section 6(a)(vi6(a)(v) on the basis aforesaid, a new adjustment of the Aggregate Number shall be made, such new adjustment shall supersede the previous adjustment so rescinded and annulled.
Appears in 1 contract
Subsequent Adjustments. If at any time after any an adjustment of the Aggregate Number shall have has been made pursuant to Section 6(a)(iv) or (v) hereof on the basis of the issuance of warrants, Convertible Securities (or any warrants or options or other rights or the issuance of to subscribe for Convertible Securities), or after any new adjustments of the Aggregate Number shall have been made pursuant to this Section 6(a)(vi6(a)(v),;
(A) such warrants, options or rights or the right of conversion or exchange in such Convertible Securities shall expire, and a all or any portion of such warrants, options or rights, or the right of conversion or exchange in respect of a all or any portion of such Convertible Securities, as the case may be, shall not have been exercised prior to such expiration, ; and/or
(B) in the case of adjustments made pursuant to Section 6(a)(iv) or (v), the consideration per share for which shares of Common Stock are issuable pursuant to such warrants, options or rights per the terms of such Convertible Securities shall be irrevocably increased solely by virtue of provisions therein contained for an automatic increase in such consideration per share upon the arrival of a specified date or the happening of a specified event, ; such previous adjustment shall be rescinded and annulled and the additional shares of Common Stock adjustments to the Aggregate Number which were deemed to have been issued occurred by virtue of the computation made in connection with such adjustment Sections 6(a)(iv) or 6(a)(v) shall no longer be deemed to have been issued by virtue of such computationapply. Simultaneously therewith, a recomputation shall be made of the effect of such warrants, options or rights or Convertible Securities on the determination of the Aggregate Number, which shall be made on the basis of:
(1) treating the number of additional shares of Common Stock, if any, theretofore actually issued pursuant to the previous exercise of such warrants, options or rights or such right of conversion or exchange as having been issued on the date or dates of such exercise and, in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), for the consideration actually received and receivable therefor, and
(2) in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), treating any such warrants, options or rights or any such Convertible Securities which then remain outstanding as having been granted or issued immediately after the time of such irrevocable increase of the consideration per share for which shares of Common Stock are issuable under such warrants, options or rights or Convertible Securities; and, if and to the extent called for by the foregoing provisions of this Section 6(a)(vi5(a)(v) on the basis aforesaid, a new adjustment of the Aggregate Number shall be made, such new adjustment shall supersede the previous adjustment so rescinded and annulled.
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Subsequent Adjustments. If at any time after any adjustment of the Aggregate Number shall have been made pursuant to Section 6(a)(iv6(a) (iv) or (v) hereof on the basis of the issuance of warrants, options or other rights or the issuance of Convertible Securities, or after any new adjustments of the Aggregate Number shall have been made pursuant to this Section 6(a)(vi),
(A) such warrants, options or rights or the right of conversion or exchange in such Convertible Securities shall expire, and a portion of such warrants, options or rights, or the right of conversion or exchange in respect of a portion of such Convertible Securities, as the case may be, shall not have been exercised prior to such expiration, and/or
(B) in the case of adjustments made pursuant to Section 6(a)(iv) or (v), the consideration per share for which shares of Common Stock are issuable pursuant to such warrants, options or rights per in accordance with the terms of such Convertible Securities shall be irrevocably increased solely by virtue of provisions therein contained for an automatic increase in such consideration per share upon the arrival of a specified date or the happening of a specified event, such previous adjustment shall be rescinded and annulled and the additional shares of Common Stock which were deemed to have been issued by virtue of the computation made in connection with such adjustment shall no longer be deemed to have been issued by virtue of such computation. Simultaneously therewith, a recomputation shall be made of the effect of such warrants, options or rights or Convertible Securities on the determination of the Aggregate Number, which shall be made on the basis of:
(1) treating the number of additional shares of Common Stock, if any, theretofore actually issued pursuant to the previous exercise of such warrants, options or rights or such right of conversion or exchange as having been issued on the date or dates of such exercise and, in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), for the consideration actually received and receivable therefor, and
(2) in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), treating any such warrants, options or rights or any such Convertible Securities which then remain outstanding as having been granted or issued immediately after the time of such irrevocable increase of the consideration per share for which shares of Common Stock are issuable under such warrants, options or rights or Convertible Securities; and, if and to the extent called for by the foregoing provisions of Section 6(a)(vi) on the basis aforesaid, a new adjustment of the Aggregate Number shall be made, such new adjustment shall supersede the previous adjustment so rescinded and annulled.
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Sources: Common Stock Purchase Warrant (Access Worldwide Communications Inc)
Subsequent Adjustments. If at any time after any adjustment of the Aggregate Number shall have been made pursuant to Section 6(a)(iv7(a)(iv) or (v) hereof on the basis of the issuance of warrants, options or other rights or the issuance of Convertible Securities, or after any new adjustments of the Aggregate Number shall have been made pursuant to this Section 6(a)(vi7(a)(vi),
(A) such warrants, options or rights or the right of conversion or exchange in such Convertible Securities shall expire, and a portion of such warrants, options or rights, or the right of conversion or exchange in respect of a portion of such Convertible Securities, as the case may be, shall not have been exercised prior to such expiration, and/or
(B) in the case of adjustments made pursuant to Section 6(a)(iv7(a)(iv) or (v), the consideration per share for which shares of Common Stock are issuable pursuant to such warrants, options or rights per or the terms of such Convertible Securities shall be irrevocably increased solely by virtue of provisions therein contained for an automatic increase in such consideration per share upon the arrival of a specified date or the happening of a specified event, such previous adjustment shall be rescinded and annulled and the additional shares of Common Stock which were deemed to have been issued by virtue of the computation made in connection with such adjustment shall no longer be deemed to have been issued by virtue of such computation. Simultaneously therewith, a recomputation shall be made of the effect of such warrants, options or rights or Convertible Securities on the determination of the Aggregate Number, which shall be made on the basis of:
(1) treating the number of additional shares of Common Stock, if any, theretofore actually issued or issuable pursuant to the previous exercise of such warrants, options or rights or such right of conversion or exchange as having been issued on the date or dates of such exercise and, in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv7(a)(iv) or (v), for the consideration actually received and receivable therefor, and
(2) in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv7(a)(iv) or (v), treating any such warrants, options or rights or any such Convertible Securities which then remain outstanding as having been granted or issued immediately after the time of such irrevocable increase of the consideration per share for which shares of Common Stock are issuable under such warrants, options or rights or Convertible Securities; 17 15 and, if and to the extent called for by the foregoing provisions of Section 6(a)(vi7(a)(vi) on the basis aforesaid, a new adjustment of the Aggregate Number shall be made, such new adjustment shall supersede the previous adjustment so rescinded and annulled.
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Subsequent Adjustments. If at any time after any adjustment of the Aggregate Number shall have been made pursuant to Section 6(a)(iv) or (v) hereof on the basis of the issuance of warrants, options or other rights or the issuance of Convertible Securities, or after any new adjustments of the Aggregate Number shall have been made pursuant to this Section 6(a)(vi),
(A) such warrants, options or rights or the right of conversion or exchange in such Convertible Securities shall expire, and a portion of such warrants, options or rights, or the right of conversion or exchange in respect of a portion of such Convertible Securities, as the case may be, shall not have been exercised prior to such expiration, and/or
(B) in the case of adjustments made pursuant to Section 6(a)(iv) or (v), the consideration per share for which shares of Common Stock are issuable pursuant to such warrants, options or rights per the terms of such Convertible Securities shall be irrevocably increased solely by virtue of provisions therein contained for an automatic increase in such consideration per share upon the arrival of a specified date or the happening of a specified eventincreased, such previous adjustment shall be rescinded and annulled and the additional shares of Common Stock which were deemed to have been issued by virtue of the computation made in connection with such adjustment shall no longer be deemed to have been issued by virtue of such computation. Simultaneously therewith, a recomputation shall be made of the effect of such warrants, options or rights or Convertible Securities on the determination of the Aggregate Number, which shall be made on the basis of:
(1) treating the number of additional shares of Common Stock, if any, theretofore actually issued pursuant to the previous exercise of such warrants, options or rights or such right of conversion or exchange as having been issued on the date or dates of such exercise and, in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), for the consideration actually received and receivable therefor, and
(2) in the case of a recomputation of a calculation originally made pursuant to Section 6(a)(iv) or (v), treating any such warrants, options or rights or any such Convertible Securities which then remain outstanding as having been granted or issued immediately after the time of such irrevocable increase of the consideration per share for which shares of Common Stock are issuable under such warrants, options or rights or Convertible Securities; and, if and to the extent called for by the foregoing provisions of Section 6(a)(vi) on the basis aforesaid, a new adjustment of the Aggregate Number shall be made, such new adjustment shall supersede the previous adjustment so rescinded and annulled.
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