Subsequent Rights Offerings definition

Subsequent Rights Offerings. If the Company, at any time while the Debenture is outstanding, shall issue rights, options or warrants to all holders of Common Stock (and not to Holders) entitling them to subscribe for or purchase shares of Common Stock at a price per share that is lower than the VWAP on the record date referenced below, then the Set Price shall be multiplied by a fraction of which the denominator shall be the number of shares of the Common Stock outstanding on the date of issuance of such rights or warrants plus the number of additional shares of Common Stock offered for subscription or purchase, and of which the numerator shall be the number of shares of the Common Stock outstanding on the date of issuance of such rights or warrants plus the number of shares which the aggregate offering price of the total number of shares so offered (assuming delivery to the Company in full of all consideration payable upon exercise of such rights, options or warrants) would purchase at such VWAP. Such adjustment shall be made whenever such rights or warrants are issued, and shall become effective immediately after the record date for the determination of stockholders entitled to receive such rights, options or warrants.”
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Examples of Subsequent Rights Offerings in a sentence

  • The provisions of Section 3(a) (Share Dividends and Splits), Section 3(c) (Subsequent Rights Offerings), Section 3(d) (Fundamental Transaction), Section 3(e) (Calculations), Section 3(f) (Notice to Holder), Section 4 (Transfer of Warrant) and Section 5 (Miscellaneous) of the Warrants are hereby incorporated by reference, mutatis mutandis.

  • The provisions of Section 3(a) (Share Dividends and Share Splits), Section 3(c) (Subsequent Rights Offerings), Section 3(d) (Pro Rate Distributions), Section 3(e) (Fundamental Transaction), Section 3(f) (Calculations), Section 3(g) (Notice to Holder), Section 4 (Transfer of Warrant) and Section 5 (Miscellaneous) of the Warrants are hereby incorporated by reference, mutatis mutandis.

  • Upon the terms and subject to the conditions set forth in this Agreement, effective as of the First Closing, the Company Warrants dated January 10, 2007, without any further action by the Company or the Holders thereof, shall be amended to delete Sections 3.b) (Subsequent Equity Sales), 3.c) (Subsequent Rights Offerings) and 3.

  • Section 3(b) (Subsequent Equity Sales) shall be deleted from the Exchange Warrants and Section 3(c) (Subsequent Rights Offerings) shall be amended as set forth therein.