Common use of When Adjustments to Be Made Clause in Contracts

When Adjustments to Be Made. The adjustments required by this SECTION 4 shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that any adjustment of the number of shares of Common Stock for which this Warrant is exercisable that would otherwise be required may be postponed (except in the case of a subdivision or combination of shares of the Common Stock, as provided for in SECTION 4(B)) up to, but not beyond the date of exercise if such adjustment either by itself or with other adjustments not previously made adds or subtracts less than one percent (1%) of the shares of Common Stock for which this Warrant is exercisable immediately prior to the making of such adjustment. Any adjustment representing a change of less than such minimum amount (except as aforesaid) which is postponed shall be carried forward and made (x) as soon as such adjustment, together with other adjustments required by this SECTION 4 and not previously made, would result in a minimum adjustment, or (y) on the date of exercise. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence.

Appears in 7 contracts

Samples: Marketing Worldwide Corp, Marketing Worldwide Corp, Marketing Worldwide Corp

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When Adjustments to Be Made. The adjustments required by this SECTION 4 shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that any adjustment of the number of shares of Common Stock for which this Warrant is exercisable that would otherwise be required may be postponed (except in the case of a subdivision or combination of shares of the Common Stock, as provided for in SECTION 4(B4(a)(ii)) up to, but not beyond the date of exercise if such adjustment either by itself or with other adjustments not previously made adds or subtracts less than one percent (1%) of the shares of Common Stock for which this Warrant is exercisable immediately prior to the making of such adjustment. Any adjustment representing a change of less than such minimum amount (except as aforesaid) which is postponed shall be carried forward and made (x) as soon as such adjustment, together with other adjustments required by this SECTION 4 and not previously made, would result in a minimum adjustment, adjustment or (y) on the date of exercise. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence.

Appears in 3 contracts

Samples: Telenetics Corp, Telenetics Corp, Telenetics Corp

When Adjustments to Be Made. The adjustments required by this SECTION Section 4 shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that any adjustment of to the number of shares of Common Stock for which this Warrant is the Warrants are exercisable that would otherwise be required may be postponed (except in the case of a subdivision or combination of shares of the Common Stock, as provided for in SECTION 4(B)Section 4.1 of this Agreement) up to, but not beyond beyond, the date and time of exercise of any Warrants if such adjustment either by itself or with other adjustments not previously made adds or subtracts less than one percent (1%) % to the number of the shares of Common Stock for which the Warrants initially issued pursuant to this Warrant is Agreement are exercisable immediately prior to the making of such adjustment. Any adjustment representing a change of less than such minimum amount (except as aforesaid) which is postponed shall be carried forward and made (x) as soon as such adjustment, together with other adjustments required by this SECTION Section 4 and not previously made, would result in a minimum adjustment, adjustment or (y) on the date of exercise. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence.

Appears in 3 contracts

Samples: Warrant Agreement (Brigham Exploration Co), Warrant Agreement (Shell Capital Inc), Warrant Agreement (Brigham Exploration Co)

When Adjustments to Be Made. The adjustments required by this SECTION Section 4 shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that any adjustment of the number of shares of Common Stock for which this Warrant is exercisable that would otherwise be required may be postponed MERU NETWORKS, INC. CLASS B WARRANT TO PURCHASE COMMON STOCK (except in the case of a subdivision or combination of shares of the Common Stock, as provided for in SECTION 4(BSection 4(b)) up to, but not beyond the date of exercise if such adjustment either by itself or with other adjustments not previously made adds or subtracts less than one percent (1%) of the shares of Common Stock for which this Warrant is exercisable immediately prior to the making of such adjustment. Any adjustment representing a change of less than such minimum amount (except as aforesaid) which is postponed shall be carried forward and made (x) as soon as such adjustment, together with other adjustments required by this SECTION Section 4 and not previously made, would result in a minimum adjustment, or (y) on the date of exercise. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence.

Appears in 2 contracts

Samples: Meru Networks Inc, Meru Networks Inc

When Adjustments to Be Made. The adjustments required by this SECTION Section 4 shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that any adjustment of the number of shares of Common Stock for which this ­ ­ ­ ­ ­ Warrant is exercisable that would otherwise be required may be postponed (except in the case of a subdivision or combination of shares of the Common Stock, as provided for in SECTION 4(BSection 4(b)) up to, but not beyond the date of exercise if such adjustment either by itself or with other adjustments not previously made adds or subtracts less than one percent (1%) of the shares of Common Stock for which this Warrant is exercisable immediately prior to the making of such adjustment. Any adjustment representing a change of less than such minimum amount (except as aforesaid) which is postponed shall be carried forward and made (x) as soon as such adjustment, together with other adjustments required by this SECTION Section 4 and not previously made, would result in a minimum adjustment, adjustment or (y) on the date of exercise. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence.

Appears in 2 contracts

Samples: Axm Pharma Inc, Axm Pharma Inc

When Adjustments to Be Made. The adjustments required by this SECTION Section 4 shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that any adjustment of the number of shares of Common Stock for which this Warrant is exercisable that would otherwise be required may be postponed MERU NETWORKS, INC. CLASS A WARRANT TO PURCHASE COMMON STOCK (except in the case of a subdivision or combination of shares of the Common Stock, as provided for in SECTION 4(BSection 4(b)) up to, but not beyond the date of exercise if such adjustment either by itself or with other adjustments not previously made adds or subtracts less than one percent (1%) of the shares of Common Stock for which this Warrant is exercisable immediately prior to the making of such adjustment. Any adjustment representing a change of less than such minimum amount (except as aforesaid) which is postponed shall be carried forward and made (x) as soon as such adjustment, together with other adjustments required by this SECTION Section 4 and not previously made, would result in a minimum adjustment, or (y) on the date of exercise. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence.

Appears in 2 contracts

Samples: Meru Networks Inc, Meru Networks Inc

When Adjustments to Be Made. The adjustments required by this SECTION Section 4 shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that any adjustment of to the number of shares of Common Stock for which this Warrant is the Warrants are exercisable that would otherwise be required may be postponed (except in the case of a subdivision or combination of shares of the Common Stock, as provided for in SECTION 4(B)Section 4.1 of this Agreement) up to, but not beyond beyond, the date and time of exercise of any Warrants if such adjustment either by itself or with other adjustments not previously made adds or subtracts less than one percent (1%) % to the number of the shares of Common Stock for which the Warrants initially issued pursuant to this Warrant is Agreement are exercisable immediately prior to the making of such adjustment. Any adjustment representing a change of less than such minimum amount (except as aforesaid) which is postponed shall be carried forward and made (x) as soon as such adjustment, together with other adjustments required by this SECTION Section 4 and not previously made, would result in a minimum adjustment, or (y) on the date of exercise. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence.minimum

Appears in 2 contracts

Samples: Warrant Agreement (Brigham Exploration Co), Warrant Agreement (Brigham Exploration Co)

When Adjustments to Be Made. The adjustments required by this SECTION Section 4 shall be made whenever and as often as any specified event requiring an adjustment shall occurrequired by this Warrant or as requested by a Holder pursuant to this Section 4, except that any adjustment of the number of shares of Common Stock for which this Warrant is exercisable that would otherwise be required may be postponed (except in the case of a subdivision or combination of shares of the Common Stock, as provided for in SECTION 4(B)Section 4.1) up to, but not beyond the date of exercise if such adjustment either by itself or with other adjustments not previously made adds or subtracts less than one percent (1%) % of the shares of Common Stock for which this Warrant is exercisable immediately prior to the making of such adjustment. Any adjustment representing a change of less than such minimum amount (except as aforesaid) which is postponed shall be carried forward and made (xi) as soon as such adjustment, together with other adjustments required by this SECTION Section 4 and not previously made, would result in a minimum adjustment, an adjustment in excess of 1% or (yii) if not made earlier, on the date of exercise. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence.

Appears in 1 contract

Samples: Primedia Inc

When Adjustments to Be Made. The adjustments required by this SECTION Section 4 shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that any adjustment of the number of shares of Common Stock for which Exhibit 4.5 this Warrant is exercisable that would otherwise be required may be postponed (except in the case of a subdivision or combination of shares of the Common Stock, as provided for in SECTION 4(B)Section 4.1) up to, but not beyond the date of exercise if such adjustment either by itself or with other adjustments not previously made adds results in an increase or subtracts decrease of less than one percent (1%) of the shares of Common Stock for which this Warrant is exercisable immediately prior to the making of such adjustment; provided, however, that such adjustment must result in an adjustment of One Cent ($0.01) or more. Any adjustment representing a change of less than such minimum amount (except as aforesaid) which is postponed shall be carried forward and made (x) as soon as such adjustment, together with other adjustments required by this SECTION Section 4 and not previously made, would result in a minimum adjustment, adjustment or (y) on the date of exercise. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence.

Appears in 1 contract

Samples: Petmed Express Inc

When Adjustments to Be Made. The adjustments required by this SECTION Section 4 shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that any adjustment of the number of shares of Common Stock for which this Warrant is exercisable that would otherwise be required may be postponed (except in the case of a subdivision or combination of shares of the Common Stock, as provided for in SECTION 4(BSection 4(b)) up to, but not beyond the date of exercise if such adjustment either by itself or with other ­ ­ ­ ­ ­ adjustments not previously made adds or subtracts less than one percent (1%) of the shares of Common Stock for which this Warrant is exercisable immediately prior to the making of such adjustment. Any adjustment representing a change of less than such minimum amount (except as aforesaid) which is postponed shall be carried forward and made (x) as soon as such adjustment, together with other adjustments required by this SECTION Section 4 and not previously made, would result in a minimum adjustment, adjustment or (y) on the date of exercise. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence.

Appears in 1 contract

Samples: Axm Pharma Inc

When Adjustments to Be Made. The adjustments required by this SECTION Section 4 shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that any adjustment of the number of shares of Common Stock for which this Warrant is exercisable that would otherwise be required may be postponed (except in the case of a subdivision or combination of shares of the Common Stock, as provided for in SECTION 4(BSection 4(b)) up to, but not beyond the date of exercise if such adjustment either by itself or with other adjustments not previously made adds or subtracts less than one-tenth (1/10th) of one percent (10.1%) of the shares of Common Stock for which this Warrant is exercisable immediately prior to the making of such adjustment. Any adjustment representing a change of less than such minimum amount (except as aforesaid) which is postponed shall be carried forward and made (x) as soon as such adjustment, together with other adjustments required by this SECTION Section 4 and not previously made, would result in a minimum adjustment, adjustment or (y) on the date of exercise. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence.

Appears in 1 contract

Samples: Integramed America Inc

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When Adjustments to Be Made. The adjustments required by this SECTION Section 4 shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that any adjustment of the number of shares of Common Preferred Stock for which this Warrant is exercisable that would otherwise be required may be postponed (except in the case of a subdivision or combination of shares of the Preferred Stock or the Common Stock, as provided for in SECTION 4(BSection 4(b)) up to, but not beyond the date of exercise if such adjustment either by itself or with other adjustments not previously made adds or subtracts less than one percent (1%) of the shares of Common Stock into which the Preferred Stock for which this Warrant is exercisable may be converted immediately prior to the making of such adjustment. Any adjustment representing a change of less than such minimum amount (except as aforesaid) which is postponed shall be carried forward and made (x) as soon as such adjustment, together with other adjustments required by this SECTION Section 4 and not previously made, would result in a minimum adjustment, adjustment or (y) on the date of exercise. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence.

Appears in 1 contract

Samples: BPO Management Services

When Adjustments to Be Made. The adjustments required by this SECTION Section 4 shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that any adjustment of the number of shares of Common Stock for which this Warrant is exercisable that would otherwise be required may be postponed (except in the case of a subdivision or combination of shares of the Common Stock, as provided for in SECTION 4(B)Section 4.1) up to, but not beyond the date of exercise if such adjustment either by itself or with other adjustments not previously made adds results in an increase or subtracts decrease of less than one percent (1%) % of the shares of Common Stock for which this Warrant is exercisable immediately prior to the making of such adjustment; provided, however, that such adjustment must result in an adjustment of $.01 or more. Any adjustment representing a change of less than such minimum amount (except as aforesaid) which is postponed shall be carried forward and made (x) as soon as such adjustment, together with other adjustments required by this SECTION Section 4 and not previously made, would result in a minimum adjustment, adjustment or (y) on the date of exercise. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence.

Appears in 1 contract

Samples: Preferred Stock and Warrant Purchase Agreement (Netegrity Inc)

When Adjustments to Be Made. The adjustments required by this SECTION 4 shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that any adjustment of the number of shares of Common Stock for which this Warrant is exercisable that would otherwise be required may be postponed (except in the case of a subdivision or combination of shares of the Common Stock, as provided for in SECTION 4(B4(A)(II)) up to, but not beyond the date of exercise if such adjustment either by itself or with other adjustments not previously made adds or subtracts less than one percent (1%) of the shares of Common Stock for which this Warrant is exercisable immediately prior to the making of such adjustment. Any adjustment representing a change of less than such minimum amount (except as aforesaid) which is postponed shall be carried forward and made (x) as soon as such adjustment, together with other adjustments required by this SECTION 4 and not previously made, would result in a minimum adjustment, adjustment or (y) on the date of exercise. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence.

Appears in 1 contract

Samples: Warrant Purchase Agreement (Telenetics Corp)

When Adjustments to Be Made. The adjustments required by this SECTION Section 4 shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that any adjustment of the number of shares of Common Stock for which this Warrant is exercisable comprising a Stock Unit that would otherwise be required may be postponed (except in the case of a subdivision or combination of shares of the Common Stock, as provided for in SECTION 4(B)Section 4.1) up to, to but not beyond the date of exercise if such adjustment either by itself or with other adjustments not previously made adds or subtracts less than one percent both (1%i) 1/20th of a share to or from the number of shares of Common Stock for which this Warrant is exercisable comprising a Stock Unit immediately prior to the making of such adjustmentadjustment and (ii) 5% of the number of shares of Common Stock comprising a Stock Unit. Any adjustment representing a change of less than such minimum amount (except as aforesaid) which is postponed shall be carried forward and made (x) as soon as such adjustment, together with other adjustments required by this SECTION Section 4 and not previously made, would result in a minimum adjustment, or (y) adjustment on the date of exercise. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence.

Appears in 1 contract

Samples: Warrant Agreement (Verasun Energy Corp)

When Adjustments to Be Made. The adjustments required by this SECTION Section 4 shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that any adjustment of to the number of shares of Common Stock for which this Warrant is the Warrants are exercisable that would otherwise be required may be postponed (except in the case of a subdivision or combination of shares of the Common Stock, as provided for in SECTION 4(B)Section 4.1) up to, but not beyond beyond, the date and time of exercise of any Warrants if such adjustment either by itself or with other adjustments not previously made adds or subtracts less than one percent (1%) % to the number of the shares of Common Stock for which the Warrants initially issued pursuant to this Warrant is Agreement are exercisable immediately prior to the making of such adjustment. Any adjustment representing a change of less than such minimum amount (except as aforesaid) which is postponed shall be carried forward and made (x) as soon as such adjustment, together with other adjustments required by this SECTION Section 4 and not previously made, would result in a minimum adjustment, adjustment or (y) on the date of exercise. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence.

Appears in 1 contract

Samples: Warrant Agreement (Deeptech International Inc)

When Adjustments to Be Made. The adjustments required by this SECTION Section 4 shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that any adjustment of the number of shares of Common Stock for which this Warrant is exercisable that would otherwise be required may be postponed (except in the case of a subdivision or combination of shares of the Common Stock, as provided for in SECTION 4(B)Section 4.1) up to, but not beyond the date of exercise if such adjustment either by itself or with other adjustments not previously made adds or subtracts less than one percent (1%) % of the shares of Common Stock for which this Warrant is exercisable immediately prior to the making of such adjustment; PROVIDED that Company shall promptly provide Holder with calculations, in reasonable detail, of any such adjustment. Any adjustment representing a change of less than such minimum amount (except as aforesaid) which is postponed shall be carried forward and made (x) as soon as such adjustment, together with other adjustments required by this SECTION Section 4 and not previously made, would result in a minimum adjustment, adjustment or (y) on the date of exercise. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence.

Appears in 1 contract

Samples: Thermoview Industries Inc

When Adjustments to Be Made. The adjustments required by this SECTION Section 4 shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that any adjustment of the number of shares of Common Stock for which this Warrant is exercisable that would otherwise be required may be postponed (except in the case of a subdivision or combination of shares of the Common Stock, as provided for in SECTION 4(B)Section 4.1) up to, but not beyond the date of exercise if such adjustment either by itself or with other adjustments not previously made adds results in an increase or subtracts decrease of less than one percent (1%) of the shares of Common Stock for which this Warrant is exercisable immediately prior to the making of such adjustment; provided, however, that such adjustment must result in an adjustment of One Cent ($0.01) or more. Any adjustment representing a change of less than such minimum amount (except as aforesaid) which is postponed shall be carried forward and made (x) as soon as such adjustment, together with other adjustments required by this SECTION Section 4 and not previously made, would result in a minimum adjustment, adjustment or (y) on the date of exercise. For the purpose of any adjustment, any specified event shall be deemed to have occurred at the close of business on the date of its occurrence.

Appears in 1 contract

Samples: Petmed Express Inc

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