Common use of Changes in Common Stock Clause in Contracts

Changes in Common Stock. In the event that at any time or from time to time after the date hereof, the Company shall (i) pay a dividend or make a distribution on its Common Stock, in each case in shares of its Common Stock, (ii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock (in each case, other than a transaction to which Section 3(d) is applicable), then the number of shares of Common Stock purchasable upon exercise of this Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to such adjustment, the Holder of this Warrant shall be entitled to receive the number of shares of Common Stock upon exercise that such Holder would have owned or have been entitled to receive had this Warrant been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock, immediately prior to the record date therefor), and the Exercise Price shall be adjusted in inverse proportion. An adjustment made pursuant to this Section 3(a) shall become effective immediately after the effective date, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock, and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification.

Appears in 18 contracts

Samples: Master Transaction Agreement (Emergent Capital, Inc.), Master Transaction Agreement (Emergent Capital, Inc.), Master Transaction Agreement (Emergent Capital, Inc.)

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Changes in Common Stock. In the event that at any time or and from time to time after the date hereof, the Company shall (i) pay a dividend or make a distribution on its the Common Stock, in each case Stock in shares of its Common Stock or other shares of Capital Stock, (ii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock (in each case, other than a transaction to which Section 3(d) is applicable)Stock, then the number of shares of Common Stock purchasable issuable upon exercise of this each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to such adjustment, the Holder of this each Warrant shall be entitled to receive the number of shares of Common Stock upon exercise of such Warrant that such Holder would have owned or would have been entitled to receive had this Warrant such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock, immediately prior to the record date therefor), and the Exercise Price shall be adjusted in inverse proportion. An adjustment made pursuant to this Section 3(a) 4.01 shall become effective immediately after the effective distribution date, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock or other shares of Capital Stock, and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification.

Appears in 4 contracts

Samples: Warrant Agreement (Ener1 Inc), Warrant Agreement (Alion Science & Technology Corp), Form of Warrant Agreement (Wci Communities Inc)

Changes in Common Stock. In the event that at any time or and from time to time after the date hereof, the Company shall (i) pay a dividend or make a distribution on its the Common Stock, in each case in Stock with shares of its Common Stock or other shares of Capital Stock, (ii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock (in each case, other than a transaction to which Section 3(d) is applicable)Stock, then the number of shares of Common Stock purchasable issuable upon exercise of this each Warrant immediately after the happening of such event and the Exercise Price shall be adjusted so that, after giving effect to such adjustment, the Holder of this each Warrant shall be entitled to receive the number of shares of Common Stock or other shares of Capital Stock upon exercise of such Warrant that such Holder would have owned or would have been entitled to receive had this Warrant such Warrants been exercised (whether or not currently exercisable) immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of on the Common Stock, immediately prior to the record date therefor), and the Exercise Price shall be adjusted in inverse proportion. An adjustment made pursuant to this Section 3(a) 4.03 shall become effective immediately after the effective distribution date, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock or other shares of Capital Stock, and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification.

Appears in 4 contracts

Samples: Warrant Agreement (Alion Science & Technology Corp), Warrant Agreement (Alion - BMH CORP), Warrant Agreement (Washington Consulting, Inc.)

Changes in Common Stock. In the event that at any time or from time to time after the date hereof, hereof the Company shall (ia) pay a dividend or make a distribution on its Common Stock, in each case Stock in shares of its Common StockStock or other shares of capital stock, (iib) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iiic) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (ivd) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock (in each case, other than a transaction to which Section 3(d) is applicable)Stock, then the number of shares of Common Stock purchasable upon exercise of this each Credit Warrant immediately after the happening of such event shall be adjusted so that, after giving effect affect to such adjustment, the Holder of this each Credit Warrant shall be entitled to receive the number of shares of Common Stock upon exercise that such Holder holder would have owned or have been entitled to receive had this Warrant such Credit Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock, immediately prior to the record date therefor), and the Exercise Price shall be adjusted in inverse proportion. An adjustment made pursuant to this Section 3(a) 4.1 shall become effective immediately after the effective date, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock, and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification.

Appears in 2 contracts

Samples: Warrant Agreement (Infogrames Inc), Warrant Agreement (Infogrames Entertainment Sa)

Changes in Common Stock. In the event that at any time or from time to time after the date hereof, hereof the Company shall (i) pay a dividend or make a distribution on its Common Stock, in each case Stock in shares of its Common StockStock or other shares of capital stock, (ii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock (in each case, other than a transaction to which Section 3(d) is applicable)Stock, then the number of shares of Common Stock purchasable upon exercise of this each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect affect to such adjustment, the Holder of this each Warrant shall be entitled to receive the number of shares of Common Stock upon exercise that such Holder holder would have owned or have been entitled to receive had this Warrant such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock, immediately prior to the record date therefor), and the Exercise Price for each Warrant shall be adjusted in inverse proportion. An adjustment made pursuant to this Section 3(a) 4.1 shall become effective immediately after the effective date, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock, and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification.

Appears in 2 contracts

Samples: Note Purchase Agreement (Smith & Wollensky Restaurant Group Inc), Note Purchase Agreement (New York Restaurant Group Inc)

Changes in Common Stock. In the event that at any time or from time to time after the date hereof, hereof the Company shall (ia) pay a dividend in shares of its Common Stock or make a distribution on its Common Stock, in each case Stock in shares of its Common Stock, (iib) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iiic) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (ivd) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock (in each case, other than a transaction to which Section 3(d) is applicable)Stock, then the number of shares of Common Stock purchasable upon exercise of this each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect affect to such adjustment, the Holder of this each Warrant shall be entitled to receive the number of shares of Common Stock upon exercise that such Holder holder would have owned or have been entitled to receive had this Warrant such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock, immediately prior to the record date therefor), and the Exercise Price shall be adjusted in inverse proportion. An adjustment made pursuant to this Section 3(a) 4.1 shall become effective immediately after the effective date, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock, and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification.

Appears in 2 contracts

Samples: Warrant Agreement (Mariner Health Care Inc), Warrant Agreement (Mariner Health Care Inc)

Changes in Common Stock. In the event that at any time or from time to time after the date hereofClosing Date, the Company shall (ia) pay a dividend or make a distribution on its Common Stock, in each case Stock in shares of its Common StockStock or other shares of capital stock, (iib) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iiic) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (ivd) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock (in each case, other than a transaction to which Section 3(d) 5.5 is applicable), then the number of shares of Common Stock purchasable upon exercise of this each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect affect to such adjustment, the Holder of this each Warrant shall be entitled to receive the number of shares of Common Stock upon exercise thereof that such Holder would have owned or have been entitled to receive had this Warrant such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock, immediately prior to the record date therefor), and the Exercise Price shall be adjusted in inverse proportion. An adjustment made pursuant to this Section 3(a) 5.1 shall become effective immediately after the effective date, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock, and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification. Notwithstanding escrow of the Warrants, the provisions of this Article 5 shall apply at all times commencing on the Closing Date until and including the Expiration Date.

Appears in 2 contracts

Samples: Secured Lender Warrant Agreement (Ddi Capital Corp/Dynamic Details Inc), Senior Discount Warrant Agreement (Ddi Capital Corp/Dynamic Details Inc)

Changes in Common Stock. In the event that at any time or from time to time after the date hereof, hereof the Company shall (ia) pay a dividend or make a distribution on its Common Stock, in each case Stock in shares of its Common StockStock or other shares of capital stock, (iib) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iiic) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (ivd) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock (in each case, other than a transaction to which Section 3(d) is applicable)Stock, then the number of shares of Common Stock purchasable upon exercise of this each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect affect to such adjustment, the Holder of this each Warrant shall be entitled to receive the number of shares of Common Stock upon exercise that such Holder holder would have owned or have been entitled to receive had this Warrant such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock, immediately prior to the record date therefor), and the Exercise Price shall be adjusted in inverse proportion. An adjustment made pursuant to this Section 3(a) 4.1 shall become effective immediately after the effective date, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock, and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification.

Appears in 1 contract

Samples: Warrant Agreement (General Atlantic Partners LLC)

Changes in Common Stock. In the event that at any time or from time to time after the date hereof, the Company shall (i) pay a dividend or make a distribution on its Common Stock, in each case Stock in shares of its Common Stock or other shares of Capital Stock, (ii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock (in each case, other than a transaction to which Section 3(d) is applicable)Stock, then the number of shares of Common Stock purchasable upon exercise of this each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect affect to such adjustment, the Holder of this each Warrant shall be entitled to receive the number of shares of Common Stock upon exercise that such Holder holder would have owned or have been entitled to receive had this Warrant such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock, immediately prior to the record date therefor), and the Exercise Price for each Warrant shall be adjusted in inverse proportion. An adjustment made pursuant to this Section 3(a) 5.01 shall become effective immediately after the effective datedate of such event, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock or other shares of Capital Stock, and shall become effective immediately after the effective date of such event in the case of a subdivision, combination combination, or reclassification.

Appears in 1 contract

Samples: Warrant Agreement (Americredit Corp)

Changes in Common Stock. In the event that at any time or from time to time after the date hereof, hereof the Company shall (ia) pay a dividend or make a distribution on its Common Stock, in each case Stock in shares of its Common StockStock or other shares of capital stock, (iib) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iiic) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (ivd) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock (in each case, other than a transaction to which Section 3(d) is applicable)Stock, then the number of shares of Common Stock purchasable upon exercise of this each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to such adjustment, the Holder of this each Warrant shall be entitled to receive the number of shares of Common Stock upon exercise that such Holder holder would have owned or have been entitled to receive had this Warrant such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock, immediately prior to the record date therefor), and the Exercise Price shall be adjusted in inverse proportion. An adjustment made pursuant to this Section 3(a) 4.1 shall become effective immediately after the effective date, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock, and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification.

Appears in 1 contract

Samples: Warrant Agreement (Global Aero Logistics Inc.)

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Changes in Common Stock. In the event that at any time or ----------------------- from time to time after the date hereof, the Company shall (i) pay a dividend or make a distribution on its Common Stock, in each case Stock in shares of its Common StockStock or other shares of capital stock, (ii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock (in each case, other than a transaction to which Section 3(d) is applicable)Stock, then the number of shares of Common Stock purchasable upon exercise of this each Warrant immediately after the happening occurrence of such event shall be adjusted so that, after giving effect to such adjustment, the Holder of this each Warrant shall be entitled to receive the number of shares of Common Stock upon exercise that such Holder would have owned or have been entitled to receive immediately following such event had this Warrant such Warrants been exercised immediately prior to the happening occurrence of the events described above (or, in the case of a dividend or distribution of Common Stock, immediately prior to the record date therefor), and the Exercise Price for each Warrant shall be adjusted in inverse proportion. An adjustment made pursuant to this Section 3(a) 5.01 shall become ------------ effective immediately after the effective date, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock, and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification.

Appears in 1 contract

Samples: Warrant Agreement (Ameriking Inc)

Changes in Common Stock. In the event that at any time or from time to time after the date hereof, the Company shall (i) pay a dividend or make a distribution on its Common Stock, in each case Stock in shares of its Common StockStock or other shares of capital stock, (ii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock (in each case, other than a transaction to which Section 3(d) 3.4 is applicable), then the number of shares of Common Stock purchasable upon exercise of this Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to such adjustment, the Holder of this Warrant shall be entitled to receive the number of shares of Common Stock upon exercise that such Holder would have owned or have been entitled to receive had this Warrant been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock, immediately prior to the record date therefor), and the Exercise Price shall be adjusted in inverse proportion. An adjustment made pursuant to this Section 3(a) 3.1 shall become effective immediately after the effective date, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock, and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification.

Appears in 1 contract

Samples: Clubcorp Inc

Changes in Common Stock. In the event that If at any time or from time to time after the date hereof, the Company shall (ia) pay a dividend or make a distribution dividend on its Common Stock, in each case Stock in shares of its Common Stock, (iib) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iiic) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (ivd) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock (in each case, other than a transaction to which Section 3(d) is applicable)Stock, then the number of shares of Common Stock purchasable upon exercise of this each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect affect to such adjustment, the Holder of this each Warrant shall be entitled to receive the number of shares of Common Stock upon exercise that such Holder holder would have owned or have been entitled to receive had this Warrant such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock, immediately prior to the record date therefor), and the Exercise Price for each Warrant shall be adjusted in inverse proportion. An adjustment made pursuant to this Section 3(a) paragraph 6.1 shall become effective immediately after the effective datedate of such event, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock, and shall become effective immediately after the effective date of such event in the case of a subdivision, combination combination, or reclassification.. 6.2

Appears in 1 contract

Samples: Warrant Agreement (LSB Industries Inc)

Changes in Common Stock. In the event that at any time or from time to time after the date hereof, the Company shall (i) pay a dividend or make a distribution on its Common Stock, in each case Stock in shares of its Common StockStock or other shares of capital stock, (ii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock (in each case, other than a transaction to which Section 3(d) is applicable)Stock, then the number of shares of Common Stock purchasable upon exercise of this each Warrant immediately after prior to the happening of such event shall be adjusted so that, after giving effect to such adjustment, the Holder holder of this each Warrant shall be entitled to receive the number of shares of Common Stock upon exercise of such Warrant that such Holder holder would have owned or have been entitled to receive had this Warrant such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock, immediately prior to the record date therefor), and the Exercise Price shall be adjusted in inverse proportion. An adjustment made pursuant to this Section 3(a) 4.01 shall become effective immediately after the effective date, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock, and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification.

Appears in 1 contract

Samples: Warrant Agreement (Inter Act Systems Inc)

Changes in Common Stock. In the event that at any time or from time to time after the date hereof, the Company shall (i) issue any shares of Common Stock, securities convertible into Common Stock or shares of stock of any class or any other securities, rights or option to acquire Common Stock (ii) pay a dividend or make a distribution on its Common Stock, in each case Stock in shares of its Common Stock, (iiiii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iiiiv) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock Stock, or (ivv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock (in each case, other than a transaction to which Section 3(d) is applicable)Stock, then the number of shares of Common Stock purchasable upon exercise of this Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to such adjustment, the Holder of this Warrant shall be entitled to receive the number of shares of Common Stock upon exercise that such Holder would have owned or have been entitled to receive had this Warrant been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock, immediately prior to the record date therefor), and the Exercise Price shall be adjusted in inverse proportion. An adjustment made pursuant to this Section 3(a) 3.2 shall become effective immediately after the effective date, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock, and shall become effective immediately after the effective date in the case of a an issuance, subdivision, combination or reclassification.

Appears in 1 contract

Samples: Buca Inc /Mn

Changes in Common Stock. In the event that at any ----------------------- time or from time to time after the date hereof, the Company shall (i) pay a dividend or make a distribution on its Common Stock, in each case Stock in shares of its Common StockStock or the right to receive or convert into additional shares of Common Stock in each case, (ii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (iii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock Stock, or (iv) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock (in each case, other than a transaction to which Section 3(d) is applicable)Stock, then the number of shares of Common Stock purchasable upon exercise of this each Warrant immediately after prior to the happening of such event shall be adjusted so that, after giving effect to such adjustment, the Holder holder of this each Warrant shall be entitled to receive the number of shares of Common Stock upon exercise of such Warrant that such Holder holder would have owned or have been entitled to receive had this Warrant such Warrants been exercised immediately prior to the happening of the events described above (or, in the case of a dividend or distribution of Common Stock, immediately prior to the record date therefor), and the Exercise Price shall be adjusted in inverse proportion. An adjustment made pursuant to this Section 3(a) 4.1 shall become effective immediately after the effective date, retroactive to the record date therefor in the case of a dividend or distribution in shares of Common Stock, and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification.

Appears in 1 contract

Samples: Warrant Agreement (Price Communications Corp)

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