Adjustment Upon Issuance of Shares of Common Stock. If and whenever on or after the date of this Warrant, the Company grants issues or sells (or enters into any agreement to grant, issue or sell), or in accordance with this Section 3 is deemed to have granted, issued or sold, any shares of Common Stock (including the issuance or sale of shares of Common Stock owned or held by or for the account of the Company), but excluding any Exempt Issuance, for a consideration per share (the “New Issuance Price”) less than a price equal to the Exercise Price in effect immediately prior to such granting, issuance or sale or deemed granting issuance or sale (such Exercise Price then in effect is referred to herein as the “Applicable Price”) (the foregoing a “Dilutive Issuance”), then immediately after such Dilutive Issuance, the Exercise Price then in effect shall be reduced to an amount equal to the New Issuance Price. For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and the New Issuance Price under this Section 3(b)), the following shall be applicable:
Appears in 8 contracts
Samples: Common Stock Purchase (Sintx Technologies, Inc.), Common Stock Purchase (Sintx Technologies, Inc.), Warrant Agent Agreement (Guardion Health Sciences, Inc.)
Adjustment Upon Issuance of Shares of Common Stock. If and whenever on or after the date of this WarrantSubscription Date, the Company grants issues or sells (or enters into any agreement to grant, issue or sell), or in accordance with this Section 3 2 is deemed to have granted, issued or sold, any shares of Common Stock (including the issuance or sale of shares of Common Stock owned or held by or for the account of the Company), but excluding any Exempt Issuance, Excluded Securities granted issued or sold or deemed to have been granted issued or sold) for a consideration per share (the “New Issuance Price”) less than a price equal to the Exercise Price in effect immediately prior to such granting, issuance or sale or deemed granting issuance or sale (such Exercise Price then in effect is referred to herein as the “Applicable Price”) (the foregoing a “Dilutive Issuance”), then immediately after such Dilutive Issuance, the Exercise Price then in effect shall be reduced to an amount equal to the New Issuance Price. For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and the New Issuance Price under this Section 3(b2(b)), the following shall be applicable:
Appears in 3 contracts
Samples: Securities Purchase Agreement (BOQI International Medical, Inc.), CBAK Energy Technology, Inc., Kandi Technologies Group, Inc.
Adjustment Upon Issuance of Shares of Common Stock. If and whenever on or after the date of this WarrantIssuance Date, the Company grants issues or sells (or enters into any agreement to grant, issue or sell), or in accordance with this Section 3 is deemed to have granted, issued or sold, any shares of Common Stock (including the issuance or sale of shares of Common Stock owned or held by or for the account of the Company), but excluding any Exempt IssuanceIssuances, granted issued or sold or deemed to have been granted issued or sold) for a consideration per share (the “New Issuance Price”) less than a price equal to the Exercise Price in effect immediately prior to such granting, issuance or sale or deemed granting issuance or sale (such Exercise Price then in effect is referred to herein as the “Applicable Price”) (the foregoing a “Dilutive Issuance”), then immediately after such Dilutive Issuance, the Exercise Price then in effect shall be reduced to an amount equal to the New Issuance Price. For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and the New Issuance Price under this Section 3(b)), the following shall be applicable:
Appears in 3 contracts
Samples: Warrant Agent Agreement (Grom Social Enterprises, Inc.), Wisa Technologies, Inc., Wisa Technologies, Inc.
Adjustment Upon Issuance of Shares of Common Stock. If and whenever on or after the date of this Warrantthe Underwriting Agreement, the Company grants issues or sells (or enters into any agreement to grant, issue or sell)sells, or in accordance with this Section 3 is deemed to have granted, issued or sold, any shares of Common Stock (including the issuance or sale of shares of Common Stock owned or held by or for the account of the Company), but excluding any Securities issued or sold or deemed to have been issued or sold in an Exempt Issuance, ) for a consideration per share (the “New Issuance Price”) less than a price equal to the Exercise Price in effect immediately prior to such granting, issuance or sale or deemed granting issuance or sale (such Exercise Price then in effect is referred to herein as the “Applicable Price”) (the foregoing a “Dilutive Issuance”), then immediately after such Dilutive Issuance, the Exercise Price then in effect shall be reduced to an amount equal to the New Issuance Price. For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and the New Issuance Price under this Section 3(b)), the following shall be applicable:
Appears in 2 contracts
Samples: Warrant Agency Agreement (Rennova Health, Inc.), Common Stock Purchase (Rennova Health, Inc.)
Adjustment Upon Issuance of Shares of Common Stock. If and whenever on or after the date of this Warrantthe Purchase Agreement, the Company grants issues or sells (or enters into any agreement to grant, issue or sell)sells, or in accordance with this Section 3 3(b) is deemed to have granted, issued or sold, any shares of Common Stock or Common Stock Equivalents (including the issuance or sale of shares of Common Stock owned or held by or for the account of the Company), but excluding any Exempt Issuance, Issuances issued or sold or deemed to have been issued or sold) for a consideration per share (the “New Issuance Price”) less than a price equal to the Exercise Price in effect immediately prior to such granting, issuance or sale or deemed granting issuance or sale (such Exercise Price then in effect is referred to herein as the “Applicable Price”) (the foregoing a “Dilutive Issuance”), then immediately after such Dilutive Issuance, the Exercise Price then in effect shall be reduced to an amount equal to the New Issuance Price. For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and the New Issuance Price under this Section 3(b)), the following shall be applicable:
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Bio-Path Holdings Inc)
Adjustment Upon Issuance of Shares of Common Stock. If So long as any of the Notes are outstanding, if and whenever on or after the date of this WarrantSubscription Date, the Company grants issues or sells (or enters into any agreement to grant, issue or sell)sells, or in accordance with this Section 3 2 is deemed to have granted, issued or sold, any shares of Common Stock (including the issuance or sale of shares of Common Stock owned or held by or for the account of the Company), but excluding any Exempt Issuance, Excluded Securities issued or sold or deemed to have been issued or sold) for a consideration per share (the “New Issuance Price”) less than a price equal to the Exercise Price in effect immediately prior to such granting, issuance or sale or deemed granting issuance or sale (such Exercise Price then in effect is referred to herein as the “Applicable Price”) (the foregoing a “Dilutive Issuance”), then immediately after such Dilutive Issuance, the Exercise Price then in effect shall be reduced to an amount equal to the New Issuance Price. For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and the New Issuance Price under this Section 3(b2(b)), the following shall be applicable:
Appears in 1 contract
Samples: Registration Rights Agreement (Bergio International, Inc.)
Adjustment Upon Issuance of Shares of Common Stock. If and whenever Solely during the period commencing on or after the date of this Warrantthe Purchase Agreement and ending upon the closing of a Qualified Financing Event, the Company grants issues or sells (or enters into any agreement to grant, issue or sell)sells, or in accordance with this Section 3 is deemed to have granted, issued or sold, any shares of Common Stock (including the issuance or sale of shares of Common Stock owned or held by or for the account of the Company), but excluding any Securities issued or sold or deemed to have been issued or sold in an Exempt Issuance, ) for a consideration per share (the “New Issuance Price”) less than a price equal to the Exercise Price in effect immediately prior to such granting, issuance or sale or deemed granting issuance or sale (such Exercise Price then in effect is referred to herein as the “Applicable Price”) (the foregoing a “Dilutive Issuance”), then immediately after such Dilutive Issuance, the Exercise Price then in effect shall be reduced to an amount equal to the New Issuance Price. For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and the New Issuance Price under this Section 3(b)), the following shall be applicable:
Appears in 1 contract
Samples: Ekso Bionics Holdings, Inc.
Adjustment Upon Issuance of Shares of Common Stock. If and whenever on or after the date of this WarrantSubscription Date, the Company grants issues or sells (or enters into any definitive agreement to grant, issue or sell), or in accordance with this Section 3 2 is deemed to have granted, issued or sold, any shares of Common Stock (including the issuance or sale of shares of Common Stock owned or held by or for the account of the Company), but excluding any Exempt Issuance, Excluded Securities issued or sold or deemed to have been issued or sold) for a consideration per share (the “New Issuance Price”) less than a price equal to the Exercise Price in effect immediately prior to such granting, issuance or sale or deemed granting issuance or sale (such Exercise Price then in effect is referred to herein as the “Applicable Price”) (the foregoing a “Dilutive Issuance”), then immediately after such Dilutive Issuance, the Exercise Price then in effect shall be reduced to an amount equal to the New Issuance Price. For all purposes of the foregoing (including, without limitation, determining the adjusted Exercise Price and the New Issuance Price under this Section 3(b2(b)), the following shall be applicable:
Appears in 1 contract
Samples: Underwriting Agreement (Ekso Bionics Holdings, Inc.)