Common use of When Adjustments to Be Made Clause in Contracts

When Adjustments to Be Made. The adjustments required by Section 8 shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that any adjustment to the Conversion Rate 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 8(e)) up to, but not beyond the Conversion Date if such adjustment either by itself or with other adjustments not previously made adds or subtracts less than 1% of the shares of Common Stock into which this Note is convertible 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 as soon as such adjustment, together with other adjustments required by Section 8 and not previously made, would result in a minimum adjustment or on the Conversion Date. 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 5 contracts

Samples: Axs One Inc, Axs One Inc, Axs One Inc

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When Adjustments to Be Made. The adjustments required by Section 8 shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that any adjustment to the Conversion Rate that would otherwise be required may be postponed (except in the case of a subdivision or combination of shares of the Unify Common Stock, as provided for in Section 8(e8(d)) up to, but not beyond the Conversion Date if such adjustment either by itself or with other adjustments not previously made adds or subtracts less than 1% of the shares of Unify Common Stock into which this Note is convertible 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 as soon as such adjustment, together with other adjustments required by Section 8 and not previously made, would result in a minimum adjustment or on the Conversion Date. 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: Axs One Inc, Unify Corp

When Adjustments to Be Made. The adjustments required by the preceding subsections of this Section 8 shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that any no adjustment to of the Conversion Rate number of shares of Warrant Stock that would otherwise be required may shall be postponed made (except in the case of a subdivision or combination of shares of the Common Stock, as provided for in Section 8(eSubsection 8(a)) up tounless and until such adjustment, but not beyond the Conversion Date if such adjustment either by itself or with other adjustments not previously made made, adds or subtracts less than 1% at least 1/20th of a share to or from the number of shares of Common Warrant Stock into which this Note is convertible 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 as soon as such adjustment, together with other adjustments required by Section 8 this section and not previously made, would result in a minimum adjustment or on the Conversion Dateadjustment. 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: McLaren Performance Technologies Inc, McLaren Performance Technologies Inc

When Adjustments to Be Made. The adjustments required by this Section 8 shall be made whenever and as often as any specified event requiring an adjustment shall occur, occur except that any adjustment to of the Conversion Rate number of shares of Common Stock comprising a Stock Unit that would otherwise be required may be postponed (except in 28 -24- the case of a subdivision or combination of shares of the Common Stock, as provided for in Section 8(e)8.01 hereof) up to, but not beyond the Conversion Date if such adjustment either by itself or with other adjustments not previously made adds or subtracts less than 1% of the shares of Common Stock into which this Note is convertible immediately prior to the making of such adjustmentaggregate Exercise Price for all Warrants then outstanding. Any adjustment representing a change of less than such minimum amount percent (except as aforesaid) which is postponed shall be carried forward and made as soon as such adjustment, together with other adjustments required by this Section 8 and not previously made, would result in such a minimum adjustment or on the Conversion Dateadjustment. 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 (Princeton Review Inc)

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When Adjustments to Be Made. The adjustments required by Section 8 shall be made whenever and as often as any specified event requiring an adjustment shall occur, except that any adjustment to the Conversion Rate that would otherwise be required may be postponed (except in the case of a subdivision or combination of shares of the Common Series C Preferred Stock, as provided for in Section 8(e)) up to, but not beyond the Conversion Date if such adjustment either by itself or with other adjustments not previously made adds or subtracts less than 1% of the shares of Common Series C Preferred Stock into which this Note is convertible 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 as soon as such adjustment, together with other adjustments required by Section 8 and not previously made, would result in a minimum adjustment or on the Conversion Date. 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: Securities Purchase Agreement (Virtual Piggy, Inc.)

When Adjustments to Be Made. The adjustments required by Section this SECTION 8 shall be made whenever and as often as any specified event requiring an adjustment shall occur, occur except that any adjustment to of the Conversion Rate number of shares of Common Stock 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 8(e)SECTION 8.01 hereof) up to, but not beyond the Conversion Date if such adjustment either by itself or with other adjustments not previously made adds or subtracts less than 1% of the shares of Common Stock into which this Note is convertible immediately prior to the making of such adjustmentaggregate Exercise Price for all Warrants then outstanding. Any adjustment representing a change of less than such minimum amount percent (except as aforesaid) which is postponed shall be carried forward and made as soon as such adjustment, together with other adjustments required by Section this SECTION 8 and not previously made, would result in such a minimum adjustment or on the Conversion Dateadjustment. 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 (Student Advantage Inc)

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