Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; provided, however, that the Company upon request shall deliver to such Registered Holder a due xxxx or other appropriate instrument evidencing such Registered Holder's right to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment.
Appears in 7 contracts
Samples: Gulf United Energy, Inc., Innovo Group Inc, BPI Industries Inc
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; providedPROVIDED, howeverHOWEVER, that the Company upon request shall deliver to such Registered Holder a due xxxx bill or other appropriate instrument evidencing such Registered Rexxxxered Holder's right to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment.
Appears in 4 contracts
Samples: Tag It Pacific Inc, Tarrant Apparel Group, Tag It Pacific Inc
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a) 12 shall require that an adjustment shall become effective immediately after a record date for an event, then, notwithstanding any other provision of this Warrant, the Company may defer until the occurrence of such event issuing to the Registered Holder a Warrantholder of Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock or other property Shares issuable or deliverable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; provided, however, that the Company upon request shall deliver to such Registered Holder Warrantholder a due xxxx or other appropriate instrument evidencing such Registered Holder's Warrantholder’s right to receive such additional shares or other property, and such cash, Shares upon the occurrence of the event requiring such adjustment.
Appears in 4 contracts
Samples: Redemption Warrant Agreement (Gulfmark Offshore Inc), Warrant Agreement (Tidewater Inc), Warrant Agreement (Gulfmark Offshore Inc)
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; provided, however, that the Company upon request shall deliver to such Registered Holder a due xxxx or other appropriate instrument evidencing such Registered Holder's ’s right to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment.
Appears in 4 contracts
Samples: Digital Lifestyles Group Inc, Bioject Medical Technologies Inc, Peoples Liberation Inc
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; provided, however, that the Company upon request shall deliver to such Registered Holder a due xxxx bxxx or other appropriate instrument evidencing such Registered Holder's right to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment.
Appears in 4 contracts
Samples: Credit Agreement (Us Energy Corp), Houston American Energy Corp, United Fuel & Energy Corp
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; provided, however, that the Company upon request shall deliver to such Registered Holder a due xxxx bill or other appropriate instrument evidencing such Registered Holder's ’s right to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment.
Appears in 4 contracts
Samples: Bioject Medical Technologies Inc, Bioject Medical Technologies Inc, Bioject Medical Technologies Inc
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder holder of this Warrant after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; provided, however, that the Company upon request shall deliver to such Registered Holder holder a due xxxx or bill xx other appropriate instrument evidencing such Registered Holderholder's right to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment.
Appears in 2 contracts
Samples: Tyler Technologies Inc, KCS Energy Inc
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section SECTION 3.1(a) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; providedPROVIDED, howeverHOWEVER, that the Company upon request shall deliver to such Registered Holder a due xxxx bill or other appropriate instrument evidencing such Registered Rexxxxered Holder's right to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment.
Appears in 2 contracts
Samples: Peoples Liberation Inc, Peoples Liberation Inc
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions provision of this Section 3.1(a5 (a) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder holder of this Warrant after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; provided, however, that the Company upon request shall deliver to such Registered Holder holder a due xxxx or other appropriate instrument evidencing such Registered Holder's holder’s right to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment.
Appears in 2 contracts
Samples: Warrant Agreement (Tdlog, LLC), Warrant Agreement (Driftwood Resources, LLC)
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder holder of this Warrant after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; providedPROVIDED, howeverHOWEVER, that the Company upon request shall deliver to such Registered Holder holder a due xxxx bill or other appropriate instrument evidencing such Registered Holderholder's right xxxxt to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment.
Appears in 1 contract
Samples: Factory 2 U Stores Inc
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a) 3.1 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; provided, however, that the Company upon request shall deliver to such Registered Holder a due xxxx or other appropriate instrument evidencing such Registered Holder's ’s right to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment.
Appears in 1 contract
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; provided, however, that the Company upon request shall deliver to such Registered Holder a due xxxx bill or other appropriate instrument evidencing such Registered Regisxxxxd Holder's right to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment.
Appears in 1 contract
Samples: Endeavour International Corp
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a) 2 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder of Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; provided, however, that the Company upon request shall deliver to such Registered the Holder a due xxxx or other appropriate instrument evidencing such Registered the Holder's ’s right to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment, subject to any retroactive readjustment in accordance with Section 2.6.2.
Appears in 1 contract
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a4.1(a)(vii) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; providedPROVIDED, howeverHOWEVER, that the Company upon request shall deliver to such Registered Holder holder a due xxxx bxxx or other appropriate instrument evidencing such Registered Holderholder's right to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment.
Appears in 1 contract
Samples: Sunshine PCS Corp
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a) 12 shall require that an adjustment shall become effective immediately after a record date for an event, then notwithstanding any other provision of this Warrant Certificate the Company may defer until the occurrence of such event issuing to the Registered Holder a Warrantholder of Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock or other property Shares issuable or deliverable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; provided, however, that the Company upon request shall deliver to such Registered Holder Warrantholder a due xxxx bxxx or other appropriate instrument evidencing such Registered Holder's Warrantholder’s right to receive such additional shares or other property, and such cash, Shares upon the occurrence of the event requiring such adjustment.
Appears in 1 contract
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder holder of this Warrant after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; provided, however, that the Company upon request shall deliver to such Registered Holder holder a due xxxx bill or other appropriate instrument evidencing such Registered Holderholder's right to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment.
Appears in 1 contract
Samples: Swisher Robert L Jr
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder holder of this Warrant after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; provided, however, that the Company upon request shall deliver to such Registered Holder holder a due xxxx or other appropriate instrument evidencing such Registered Holderholder's right to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment.
Appears in 1 contract
Samples: And Amended Stock Option and Warrant Agreement (American Equity Investment Life Holding Co)
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder holder of this Warrant after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; provided, however, that the Company upon request shall deliver to such Registered Holder holder a due xxxx bill or other appropriate instrument evidencing such Registered Holderholder's right xxxht to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment.
Appears in 1 contract
Samples: Nestor Inc
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a) Article II shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered a Holder of Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; provided, however, that the Company upon request shall deliver to such Registered Holder a due xxxx or other appropriate instrument evidencing such Registered Holder's ’s right to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment, subject to any retroactive readjustment in accordance with Section 2.8(b).
Appears in 1 contract
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section SECTION 3.1(a) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; providedPROVIDED, howeverHOWEVER, that the Company upon request shall deliver to such Registered Holder a due xxxx bill or other appropriate instrument evidencing such Registered Rxxxxtered Holder's right to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment.
Appears in 1 contract
Samples: Century Pacific Financial Corp
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; providedPROVIDED, howeverHOWEVER, that the Company upon request shall deliver to such Registered Holder a due xxxx bill or other appropriate instrument evidencing such Registered Xxxxstered Holder's right to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment.
Appears in 1 contract
Samples: Tarrant Apparel Group
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder holder of this Warrant after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; providedPROVIDED, howeverHOWEVER, that the Company upon request shall deliver to such Registered Holder holder a due xxxx bill or other appropriate instrument evidencing such Registered Holderholder's right to receive tx xxceive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment.
Appears in 1 contract
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder holder of this Warrant after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; provided, however, that the Company upon request shall deliver to such Registered Holder holder a due xxxx bill or other appropriate instrument evidencing such Registered Holderholder's right xxxxt to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment.
Appears in 1 contract
Samples: Id Systems Inc
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder holder of this Warrant after such record date and before the occurrence of such event issuing to the holder of this Warrant after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; provided, however, that the Company upon request shall deliver to such Registered Holder holder a due xxxx bill or other appropriate instrument evidencing such Registered Holderholder's right to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment.
Appears in 1 contract
Samples: Ziegler William R
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder holder of this Warrant upon exercise thereof after such record date and before the occurrence of such event the additional shares Additional Shares of Common Stock or other property issuable or deliverable upon exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; provided, however, however that the Company upon request shall deliver to such Registered Holder holder a due xxxx or other appropriate instrument evidencing such Registered Holderholder's right to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment.
Appears in 1 contract
Samples: Credit Agreement (Energy Search Inc)
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder after such record date and before the occurrence holder of such event this Warrant the additional shares of Common Stock or other property issuable or deliverable upon exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; provided, however, that the Company upon request shall deliver to such Registered Holder holder a due xxxx or other appropriate instrument evidencing such Registered Holderholder's right to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment.
Appears in 1 contract
Samples: Leapfrog Smart Products Inc
Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 3.1(a3.l(a) shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event issuing to the Registered Holder holder of this Warrant after such record date and before the occurrence of such event the additional shares of Common Stock or other property issuable or deliverable upon exercise by reason of the adjustment required by such event over and above the shares of Common Stock or other property issuable or deliverable upon such exercise before giving effect to such adjustment; provided, however, that the Company upon request shall deliver to such Registered Holder holder a due xxxx or other appropriate instrument evidencing such Registered Holderholder's right to receive such additional shares or other property, and such cash, upon the occurrence of the event requiring such adjustment.
Appears in 1 contract