Examples of DSW Stock in a sentence
In addition to the foregoing, to the extent the Holder exercises this Warrant into DSW Stock within 180 days of a Qualifying IPO, such Holder agrees not to transfer such Warrant Shares until the date that is 181 days after the closing date of such Qualifying IPO.
The Company shall take all actions necessary such that the shares of DSW Stock required hereby to be owned by it shall remain free of all Liens, other than Permitted Liens.
For the avoidance of doubt, issuances of Additional Shares of Common Stock shall result in an adjustment only to the Common Stock Purchase Price and issuances of Additional Shares of DSW Stock shall result in an adjustment only to the DSW Stock Purchase Price.
Such issuance shall be deemed to occur (i) as of the time of such issue, sale, grant or assumption of the Convertible Securities or Options or (ii) in case such a record date shall have been fixed, as of the close of business on such record date (or, if the Common Stock or DSW Stock, as applicable, trades on an ex-dividend basis, on the date prior to the commencement of ex-dividend trading).
In lieu of fractional shares, the Company shall make payment to the Holder, at the time of exercise of this Warrant as herein provided, in an amount in cash equal to such fraction multiplied by the Current Market Price of a share of Common Stock or DSW Stock, as applicable, on the date of Warrant exercise.
The shares of DSW Stock issuable upon exercise of this Warrant shall constitute Registrable Securities (as such term is defined in the DSW Registration Rights Agreement).
No further adjustment of the Purchase Price shall be made upon the subsequent issuance of shares of Common Stock or DSW Stock, as the case may be, upon the exercise of such Options or the conversion or exchange of such Convertible Securities.
For the avoidance of doubt, adjustments to the Common Stock Purchase Price shall result in an adjustment only in the number of shares of Common Stock issuable hereunder and an adjustment to the DSW Stock Purchase Price shall result in an adjustment only in the number of shares of DSW Stock issuable hereunder.
In addition, for the avoidance of doubt, after the consummation of a Spin-Off and satisfaction of the Company’s obligations to make the distribution to the Holder required by Section 3.3(b), no adjustment shall be made pursuant to this Section 3.3(a) as a result of an issuance by DSW of Additional Shares of DSW Stock.
The Company shall at all times while this Warrant is outstanding, but only prior to the consummation of a Spin-Off and satisfaction of the Company’s obligations pursuant to Section 3.3(b), retain ownership of at least that number of shares of DSW Stock sufficient to permit exercise in full of this Warrant and any other outstanding Conversion Warrants and Term Loan Warrants for shares of DSW Stock.