Common use of When De Minimis Adjustment May Be Deferred Clause in Contracts

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 shall be made to the nearest 1/100th of a share.

Appears in 11 contracts

Samples: Warrant Agreement (AMEDICA Corp), Warrant Agreement (AMEDICA Corp), Warrant Agreement (AMEDICA Corp)

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When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 8 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be, it being understood that no such rounding shall be made under subsection (p).

Appears in 9 contracts

Samples: Warrant Agreement (Atlantic Paratrans of Arizona, Inc.), Warrant Agreement (Decrane Holdings Co), Warrant Agreement (Agw Leasing Co Inc)

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% one percent (1.00%) in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 13 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.

Appears in 3 contracts

Samples: Warrant Agreement (Fairpoint Communications Inc), Warrant Agreement (SemGroup Corp), Warrant Agreement (Consolidated Communications Holdings, Inc.)

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% l% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 13 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.

Appears in 3 contracts

Samples: Warrant Agreement (NTL Inc /De/), NTL Inc /De/, NTL Inc /De/

When De Minimis Adjustment May Be Deferred. No adjustment in of the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 11.00% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.

Appears in 3 contracts

Samples: Stock Purchase Agreement (NMI Holdings, Inc.), Stock Purchase Agreement (NMI Holdings, Inc.), NMI Holdings, Inc.

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Price. No adjustment in the Warrant Number need be made unless the adjustment would require an increase or decrease of at least 0.5% in the Warrant Number. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment, provided that no such adjustment shall be deferred beyond the date on which a Warrant is exercised. All calculations under this Section 5 10 shall be made to the nearest 1/100th 1/1000th of a share.

Appears in 3 contracts

Samples: Warrant Agreement (Pathmark Stores Inc), Warrant Agreement (Great Atlantic & Pacific Tea Co Inc), Warrant Agreement (Great Atlantic & Pacific Tea Co Inc)

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 shall be made to the nearest 1/100th of a share.

Appears in 2 contracts

Samples: Recapitalization Agreement (Singapore Technologies Telemedia Pte LTD), Warrant Agreement (Key Energy Group Inc)

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least one percent (1% %) in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.

Appears in 2 contracts

Samples: Warrant Agreement (American Pulp Exchange Inc), Warrant Agreement (American Pulp Exchange Inc)

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% one percent (l%) in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 12 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.

Appears in 2 contracts

Samples: New Common Stock Warrant Agreement (Movie Gallery Inc), Warrant Agreement (Calpine Corp)

When De Minimis Adjustment May Be Deferred. No adjustment in ------------------------------------------ the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 11.0% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 8 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.

Appears in 2 contracts

Samples: Warrant Agreement (Amsc Acquisition Co Inc), Xm Satellite Radio Holdings Inc

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 11.0% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 8 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.

Appears in 2 contracts

Samples: Warrant Agreement (Xm Satellite Radio Inc), Warrant Agreement (Xm Satellite Radio Holdings Inc)

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 8 shall be made to the nearest 1/100th one-one thousandth of a cent or to the nearest one-one thousandth of a share, as the case may be, it being understood that no such rounding shall be made under subsection (j).

Appears in 2 contracts

Samples: Class B Warrant Agreement (Osullivan Industries Holdings Inc), Warrant Agreement (Osullivan Industries Holdings Inc)

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 9 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.

Appears in 2 contracts

Samples: Warrant Agreement (Fibernet Telecom Group Inc\), Warrant Agreement (Ultralife Batteries Inc)

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 14 shall be made to the nearest 1/100th cent or to the nearest 1/1000th of a share, as the case may be.

Appears in 2 contracts

Samples: Warrant Agreement (Pegasus Communications Corp), Warrant Agreement (Pegasus Communications Corp)

When De Minimis Adjustment May Be Deferred. No adjustment in the applicable Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the applicable Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 8 shall be made by the Company to the nearest cent or to the nearest 1/100th of a share, as the case may be, it being understood that no such rounding shall be made under subsection (o).

Appears in 2 contracts

Samples: Warrant Agreement (Xinyuan Real Estate Co LTD), Warrant Agreement (Harbin Electric, Inc)

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 8 shall be made to the nearest 1/100th one-one thousandth of a cent or to the nearest one-one thousandth of a share, as the case may be, it being understood that no such rounding shall be made under subsection (p).

Appears in 2 contracts

Samples: Warrant Agreement (Derby Cycle Corp), Class B Warrant Agreement (Osullivan Industries Holdings Inc)

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need will be made required unless the adjustment cumulative adjustments would require an increase or decrease of at least 11.0% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 9 shall be made to the nearest 1/100th one-one hundredth of a cent or to the nearest 1/1000th of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Crown Castle International Corp)

When De Minimis Adjustment May Be Deferred. No adjustment in the applicable Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the applicable Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 7 shall be made by the Company to the nearest cent or to the nearest 1/100th of a share, as the case may be, it being understood that no such rounding shall be made under subsection β€Ž(n).

Appears in 1 contract

Samples: Warrant Agreement (Harbin Electric, Inc)

When De Minimis Adjustment May Be Deferred. No adjustment in the ------------------------------------------ Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 10(h) shall be made to the nearest 1/100th cent or to the nearest 1/1000th of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Creditrust Corp)

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least one percent (1% %) in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 13 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Global Aviation Holdings Inc.)

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Price. Any ; provided however, that any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 8 shall be made to the nearest 1/100th cent or to the nearest 1/10,000th of a share, as the case may be, it being understood that no such rounding shall be made under subsection (o).

Appears in 1 contract

Samples: Warrant Agreement (American Tower Corp /Ma/)

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Price. Any ; provided however, that any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 9 shall be made to the nearest 1/100th cent or to the nearest 1/10,000th of a share, as the case may be, it being understood that no such rounding shall be made under subsection (j).

Appears in 1 contract

Samples: Warrant Agreement (TMM Holdings)

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 10 shall be made to the nearest one cent (or, for purposes of subsection (o) of this Section 10, 1/1000th of a cent) or to the nearest 1/100th of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Bio Rad Laboratories Inc)

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 9 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be, it being understood that no such rounding shall be made under Section 9(p).

Appears in 1 contract

Samples: Mikohn Gaming Corp

When De Minimis Adjustment May Be Deferred. No adjustment Adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 13 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Uih Australia Pacific Inc)

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When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Price. Any adjustments that which, by reason of this Section 10(j), are not required to be made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 10(j) shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Tc Group LLC)

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price exercise price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Priceexercise price. All calculations under this Warrant shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 shall be made to the nearest 1/100th of a share.

Appears in 1 contract

Samples: Student Advantage Inc

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 11(h) shall be made to the nearest 1/100th 1/1000th of a cent or to the nearest 1/1000th of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Pca International Inc)

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% one percent (l%) in the Exercise PricePrice on the date an adjustment would otherwise be required to be made. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 12 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (RCN Corp /De/)

When De Minimis Adjustment May Be Deferred. No adjustment in the ------------------------------------------ Exercise Rate or Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise PriceRate. Any Notwithstanding the foregoing, any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment, provided that no such adjustment shall be deferred beyond the date on which a Warrant is exercised. All calculations under this Section 5 10 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Wm Acquisition Inc)

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 8 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be, it being understood that no such rounding shall be made under Section 8(p).

Appears in 1 contract

Samples: Warrant Agreement (Mikohn Gaming Corp)

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1I % in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 8 shall be made to the nearest 1/100th cent or to the nearest 1/10,000th of a share, as the case may be, it being understood that no such rounding shall be made under subsection (p).

Appears in 1 contract

Samples: Warrant Agreement (Merrill Corp)

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise ------------------------------------------ Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 13 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Centennial Communications Corp)

When De Minimis Adjustment May Be Deferred. No adjustment in the any Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the such Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 shall be made to the nearest 1/100th cent or to the nearest l/l00th of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (St Mary Land & Exploration Co)

When De Minimis Adjustment May Be Deferred. No adjustment in the ------------------------------------------ Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Price. Any adjustments Adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 8 shall be made to the nearest 1/100th of a cent or to the nearest 1/100th of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Alyn Corp)

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at at. least 1% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 8 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be, it being understood that no such rounding shall be made under subsection (p).

Appears in 1 contract

Samples: Warrant Agreement (Grande Communications Holdings, Inc.)

When De Minimis Adjustment May Be Deferred. No adjustment in the ------------------------------------------ Exercise Price need be made unless the adjustment would require an increase or decrease of at least 10.1% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 6 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.

Appears in 1 contract

Samples: Galyans Trading Co Inc

When De Minimis Adjustment May Be Deferred. No adjustment in ------------------------------------------ the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 6 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.

Appears in 1 contract

Samples: Chatterjee Purnendu

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease (prior to rounding) of at least 11.0% in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 8 shall be made to the nearest cent or to the nearest 1/100th of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Onepoint Communications Corp /De)

When De Minimis Adjustment May Be Deferred. (a) No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% one percent (l%) in the Exercise Price. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. All calculations under Notwithstanding anything in this Section 5 shall be made 4.03(a) to the nearest 1/100th contrary, the Exercise Price shall not be reduced to less than the then existing par value of the Common Stock as a shareresult of any adjustment made hereunder.

Appears in 1 contract

Samples: Common Stock Warrant Agreement (Hawaiian Telcom Holdco, Inc.)

When De Minimis Adjustment May Be Deferred. No adjustment in the Exercise Price need be made unless the adjustment would require an increase or decrease of at least 1% in the Exercise Price. Any adjustments that are not made shall will be carried forward and taken into account in any subsequent adjustment. All calculations under this Section 5 shall will be made to the nearest 1/100th 1/1000th of a cent or to the nearest 1/1000th of a share, as the case may be.

Appears in 1 contract

Samples: Warrant Agreement (Interpool Inc)

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