Common use of Changes in Common Stock Clause in Contracts

Changes in Common Stock. In the event that at any time and from time to time the Company shall (a) pay a dividend or make a distribution on the Common Stock with shares of Common Stock or other shares of Capital Stock, (b) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (c) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock, or (d) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of Warrant Shares issuable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to such adjustment, the Holder of each Warrant shall be entitled to receive the number of Warrant Shares upon exercise of such Warrant that such Holder would have owned or would have been entitled to receive had 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 on the Common Stock, immediately prior to the record date therefor). An adjustment made pursuant to this Section 4.03 shall become effective immediately after the 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 2 contracts

Samples: Warrant Agreement (Nuverra Environmental Solutions, Inc.), Warrant Agreement (Nuverra Environmental Solutions, Inc.)

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Changes in Common Stock. In the event that at any time and from time to time the Company shall (ai) pay a dividend or make a distribution on the Common Stock with in shares of Common Stock or other shares of Capital Stock, (bii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (ciii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock, Stock or (div) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of Warrant Shares shares of Common Stock issuable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to such adjustment, the Holder of each Warrant shall be entitled to receive the number of Warrant Shares shares of Common Stock upon exercise of such Warrant that such Holder would have owned or would have been entitled to receive had 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 on the of Common Stock, immediately prior to the record date therefor). An adjustment made pursuant to this Section 4.03 4.01 shall become effective immediately after the 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 2 contracts

Samples: Warrant Agreement (Tultex Corp), Warrant Agreement (Mediq Inc)

Changes in Common Stock. In the event that at any time and or from time to time after the date hereof, the Company shall (ai) pay a dividend or make a distribution on the its Common Stock with in shares of its Common Stock or other shares of Capital Stock, (bii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (ciii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock, Stock or (div) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common StockStock (in each case, other than a transaction to which Section 3.4 is applicable), then the number of Warrant Shares issuable shares of Common Stock purchasable upon exercise of each this Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to such adjustment, the Holder of each this Warrant shall be entitled to receive the number of Warrant Shares shares of Common Stock upon exercise of such Warrant that such Holder would have owned or would have been entitled to receive had such Warrants this Warrant 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 on the 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 4.03 3.1 shall become effective immediately after the distribution effective 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 2 contracts

Samples: DPL Inc, Trust Agreement (DPL Inc)

Changes in Common Stock. In the event that at any time and or from time to time after the date hereof the Company shall (aI) pay a dividend or make a distribution on the its Common Stock with in shares of its Common Stock or other shares of Capital Stockcapital stock, (bII) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (cIII) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock, Stock or (dIV) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of Warrant Shares issuable shares of Common Stock purchasable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect affect to such adjustment, the Holder of each Warrant shall be entitled to receive the number of Warrant Shares shares of Common Stock upon exercise of such Warrant that such Holder holder would have owned or would have been entitled to receive had 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 on the 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 4.03 4.1 shall become effective immediately after the distribution effective 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 1 contract

Samples: Note Purchase Agreement (New York Restaurant Group Inc)

Changes in Common Stock. In the event that at any time and from time to time the Company shall (ai) pay a dividend or make a distribution on the Common Stock with in shares of Common Stock or other shares of Capital Stock, (bii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (ciii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock, Stock or (div) increase or decrease the number of shares of Class A Common Stock outstanding by reclassification of its Common Stock, then the number of Warrant Shares shares of Class A Common Stock issuable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to such adjustment, the Holder of each Warrant shall be entitled to receive the number of Warrant Shares shares of Class A Common Stock upon exercise of such Warrant that such Holder would have owned or would have been entitled to receive had 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 on the of Common Stock, immediately prior to the record date therefor). An adjustment made pursuant to this Section 4.03 4.01 shall become effective immediately after the 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 1 contract

Samples: Option Agreement (Intersil Corp)

Changes in Common Stock. In the event that at any time and or from time to time the Company shall (ai) pay a dividend or make a distribution on the its Common Stock with in shares of its Common Stock or the right to receive or convert into additional shares of Common Stock or other shares of Capital Stockin each case, (bii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (ciii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock, or (div) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of Warrant Shares issuable shares of Common Stock purchasable upon exercise of 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 each Warrant shall be entitled to receive the number of Warrant Shares shares of Common Stock upon exercise of such Warrant that such Holder holder would have owned or would have been entitled to receive had 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 on the of Common Stock, immediately prior to the record date therefor). An adjustment made pursuant to this Section 4.03 4.1 shall become effective immediately after the distribution effective 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 1 contract

Samples: Warrant Agreement (Price Communications Corp)

Changes in Common Stock. In the event that at any time and from time to time the Company shall (ai) pay a dividend or make a distribution on the Common Stock with in shares of Common Stock or other shares of Capital Stock, (bii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (ciii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock, Stock or (div) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of Warrant Shares shares of Common Stock issuable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to such adjustment, the Holder of each Warrant shall be entitled to receive the number of Warrant Shares shares of Common Stock upon exercise of such Warrant that such Holder would have owned or would have been entitled to receive had 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 on the of Common Stock, immediately prior to the record date therefor). An adjustment made pursuant to this Section 4.03 4.02 shall become effective immediately after the 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 1 contract

Samples: Warrant Agreement (Mercer International Inc.)

Changes in Common Stock. In the event that at any time and or from time to time after the date hereof the Company shall (a) pay a dividend in shares of its Common Stock or make a distribution on the its Common Stock with in shares of its Common Stock or other shares of Capital Stock, (b) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (c) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock, Stock or (d) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then then, except as provided in Section 4.3 below, the number of Warrant Shares issuable shares of Common Stock purchasable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect affect to such adjustment, the Holder of each Warrant shall be entitled to receive the number of Warrant Shares shares of Common Stock upon exercise of such Warrant that such Holder would have owned or would have been entitled to receive had such Warrants Warrant 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 on the of Common Stock, immediately prior to the record date therefor). An adjustment made pursuant to this Section 4.03 4.1 shall become effective immediately after the distribution dateeffective date of any such event described above, 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 1 contract

Samples: Warrant Agreement (Superior Essex Inc)

Changes in Common Stock. In the event that at any time and from time to time the Company shall (ai) pay a dividend or make a distribution on the Common Stock with in shares of Common Stock or other shares of Capital Stockcapital stock, (bii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (ciii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock, Stock or (div) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of Warrant Shares issuable upon exercise of each Warrant immediately after the happening of such event shall be proportionally adjusted so that, after giving effect to such adjustment, the Holder of each Warrant shall be entitled to receive the number of Warrant Shares upon exercise of such Warrant that such Holder would have owned or would have been entitled to receive had such Warrants Warrant 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 on the of Common Stock, immediately prior to the record date therefor). An adjustment made pursuant to this Section 4.03 6 shall become effective immediately after the distribution date, retroactive to the record date therefor therefore in the case of a dividend or distribution in shares of Common Stock or other shares of Capital Stockcapital stock, and shall become effective immediately after the effective date in the case of a subdivision, combination or reclassification.

Appears in 1 contract

Samples: X Rite Inc

Changes in Common Stock. In the event that at any time and from time to time the Company shall (a) pay a dividend or make a distribution on the Common Stock with shares of Common Stock or other shares of Capital Stock, (b) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (c) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock, Stock or (div) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of Warrant Shares shares of Common Stock issuable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to such adjustment, the Holder of each Warrant shall be entitled to receive a number determined by multiplying the number of Warrant Shares upon exercise shares of such Warrant Common Stock that such Holder holder would have owned or would have been entitled to receive upon exercise had 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 on the of Common StockStock or other shares of capital stock, immediately prior to the record date therefor)) by a fraction, the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 4.08 the Exercise Price for each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such event by such fraction. An adjustment made pursuant to this Section 4.03 4.01 shall become effective immediately after the distribution dateeffective date 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 in the case of a subdivision, combination or reclassificationCompany's capital stock.

Appears in 1 contract

Samples: Warrant Agreement (Electronic Retailing Systems International Inc)

Changes in Common Stock. In the event that at any time and or from time to time after the date hereof the Company shall (ai) pay a dividend or make a distribution on the its Common Stock with in shares of its Common Stock or other shares of Capital Stock, (bii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (ciii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock, Stock or (div) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of Warrant Shares issuable shares of Common Stock purchasable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to such adjustment, the Holder of each Warrant shall be entitled to receive the number of Warrant Shares shares of Common Stock upon exercise of such Warrant that such Holder would have owned or would have been entitled to receive had 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 on the 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 4.03 5.1 shall become effective immediately after the distribution effective 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 1 contract

Samples: Warrant Agreement (Stellex Technologies Inc)

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Changes in Common Stock. In the event that at any time and or from time to time the Company shall (ai) pay a dividend or make a distribution on the its Common Stock with in shares of its Common Stock or other shares of Capital Stock, (bii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (ciii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock, Stock or (div) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of Warrant Shares issuable shares of Common Stock purchasable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to such adjustment, the Holder of each Warrant shall be entitled to receive the number of Warrant Shares shares of Common Stock upon exercise of such Warrant that such Holder would have owned or would have been entitled to receive had 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 on the of Common Stock, immediately prior to the record date therefor). An adjustment made pursuant to this Section 4.03 4.01 shall become effective immediately after the 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 1 contract

Samples: Warrant Agreement (Millenium Seacarriers Inc)

Changes in Common Stock. In the event that If at any time and from time to time the Company shall (a) pay a dividend or make a distribution on the Common Stock with shares of Common Stock or other shares of Capital Stock, (b) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (c) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock, or (d) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of Warrant Shares issuable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to such adjustment, the Holder of each Warrant shall be entitled to receive the number of Warrant Shares upon exercise of such Warrant that such Holder would have owned or would have been entitled to receive had 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 on the Common Stock, immediately prior to the record date therefor). An adjustment made pursuant to this Section 4.03 4.02 shall become effective immediately after the 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 1 contract

Samples: Warrant Agreement (Nuverra Environmental Solutions, Inc.)

Changes in Common Stock. In the event that at any time and from time to time the Company shall (ai) pay a dividend or make a distribution on the Common Stock with in shares of Common Stock or other shares of Capital Stock, (bii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (ciii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock, Stock or (div) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of Warrant Shares shares of Common Stock issuable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to such adjustment, the Holder of each Warrant shall be entitled to receive the number of Warrant Shares shares of Common Stock upon exercise of such Warrant that such Holder would have owned or would have been entitled to receive had 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 on the of Common Stock, immediately prior to the record date thereforthere for). An adjustment made pursuant to this Section 4.03 4.01 shall become effective immediately after the 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 subdivisionsub division, combination or reclassification.

Appears in 1 contract

Samples: Warrant Agreement (Splitrock Services Inc)

Changes in Common Stock. In the event that at any time and or ----------------------- from time to time the Company Careside shall (ai) pay a stock dividend or make a distribution on the its Common Stock with in shares of its Common Stock or other shares of Capital Stockits capital stock, (bii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (ciii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock, Stock or (div) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of Warrant Shares shares of Common Stock issuable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to such adjustment, the Holder of each Warrant shall be entitled to receive a number determined by multiplying the number of Warrant Shares upon exercise shares of such Warrant Common Stock that such a Holder would have owned or would have been entitled to receive upon exercise had 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 on the of Common StockStock or other shares of capital stock, immediately prior to the record date therefor)) by a fraction, the numerator of which shall be the total number of shares of Common Stock outstanding immediately after the happening of the events described above and the denominator of which shall be the total number of shares of Common Stock outstanding immediately prior to the happening of the events described above; and subject to Section 4.07, the Exercise Price for each Warrant shall be adjusted to a number determined by dividing the Exercise Price immediately prior to such event by such fraction. An adjustment made pursuant to this Section 4.03 4.01 shall become effective immediately after the distribution dateeffective date 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 in the case of a subdivision, combination or reclassificationCareside's capital stock.

Appears in 1 contract

Samples: Warrant Agreement (Careside Inc)

Changes in Common Stock. In the event that at any time and from time to time the Company shall (ai) pay a dividend or make a distribution on the Common Stock with in shares of Common Stock or other shares of Capital Stock, (bii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (ciii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock, Stock or (div) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of Warrant Shares shares of Common Stock issuable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to such adjustment, the Holder of each Warrant shall be entitled to receive the number of Warrant Shares shares of Common Stock upon exercise of such Warrant that such Holder would have owned or would have been entitled to receive had 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 on the of Common Stock, immediately prior to the record date thereforthere for). An adjustment made pursuant to this Section 4.03 4.01 shall become effective immediately after the 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 subdivisionsub division, combination or reclassification.

Appears in 1 contract

Samples: Warrant Agreement (Cd Radio Inc)

Changes in Common Stock. In the event that at any time and from time to time the Company shall (ai) pay a dividend or make a distribution on the Common Stock with in shares of Common Stock or other shares of Capital Stock, (bii) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (ciii) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock, Stock or (div) increase or decrease the number of shares of Common Stock outstanding by reclassification of its Common Stock, then the number of Warrant Shares shares of Common Stock issuable upon exercise of each Warrant immediately after the happening of such event shall be adjusted so that, after giving effect to such adjustment, the Holder of each Warrant shall be entitled to receive the number of Warrant Shares shares of Common Stock upon exercise of such Warrant that such Holder would have owned or would have been entitled to receive had such Warrants been exercised (whether or not currently exercisable) 27 23 immediately prior to the happening of the events described above (or, in the case of a dividend or distribution on the of Common Stock, immediately prior to the record date thereforthere for). An adjustment made pursuant to this Section 4.03 4.01 shall become effective immediately after the 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 subdivisionsub division, combination or reclassification.

Appears in 1 contract

Samples: Warrant Agreement (Travelcenters Realty Inc)

Changes in Common Stock. In the event that at any time and or from time to time after the date hereof the Company shall (a) pay a dividend or make a distribution on the its Common Stock with in shares of its Common Stock or other shares of Capital Stockcapital stock, (b) subdivide its outstanding shares of Common Stock into a larger number of shares of Common Stock, (c) combine its outstanding shares of Common Stock into a smaller number of shares of Common Stock, Stock or (d) increase or decrease the number of shares of Common Stock outstanding outstanding, in each case, by reclassification of its Common Stock, then the number of Warrant Shares issuable upon exercise of each Warrant immediately after the happening of such event Strike Price shall be adjusted so that, after giving effect affect to such adjustment, the Holder (or potential Holder, in the case of CVRs still in escrow) of each Warrant CVR shall be entitled to receive a Contingent Value Payment in an amount equal to the number of Warrant Shares upon exercise of such Warrant Contingent Value Payment that such Holder would have owned or holder would have been entitled to receive had such Warrants CVRs 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 on the of Common Stock, immediately prior to the record date therefor). An adjustment made pursuant to this Section 4.03 5.1 shall become effective 15 immediately after the distribution effective 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 1 contract

Samples: Contingent Value Right Agreement (Primacom Ag)

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