Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to section 2.3 or 2.4) without consideration or for a consideration per share less than the lesser of the Current Market Price and the Warrant Price in effect immediately prior to such issue or sale, then, and in each such case, subject to section 2.8, such Warrant Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Warrant Price by a fraction
Appears in 3 contracts
Samples: Common Stock Purchase (Cyber Dialogue Inc), Common Stock Purchase (Cyber Dialogue Inc), Common Stock Purchase (Wand Partners Sc Inc)
Issuance of Additional Shares of Common Stock. In case the --------------------------------------------- Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to section 2.3 or 2.4) without consideration or for a consideration per share less than the lesser greater of the Current Market Price and the Warrant Price in effect immediately prior to such issue or sale, then, and in each such case, subject to section 2.8, such Warrant Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Warrant Price by a fraction
Appears in 3 contracts
Samples: Letter Agreement (Information Management Associates Inc), Information Management Associates Inc, Synbiotics Corp
Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to section 2.3 Section 3.3 or 2.43.4 hereof) without consideration or for a consideration per share less than the lesser of the Current Market Price and the Warrant Purchase Price in effect immediately prior to such issue or sale, then, and in each such case, subject to section 2.8, such Warrant Purchase Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Warrant Purchase Price by a fraction,
Appears in 2 contracts
Samples: Stock Purchase and Sale Agreement (Danielson Holding Corp), Sz Investments LLC
Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to section 2.3 Section 5.3 or 2.4Section 5.4) without consideration or for a consideration per share less than the lesser greater of the Current Market Price (as defined below) and the Warrant Price in effect immediately prior to such issue or sale, then, and in each such case, subject to section 2.8Section 3.8, such Warrant Price Adjustment Factor shall be reduceddecreased, concurrently with such issue or sale, to a price number (calculated to the nearest .001 of a cent.00001) determined by multiplying such Warrant Price Adjustment Factor by a fraction:
Appears in 2 contracts
Samples: Hauser Inc, Hauser Inc
Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to section 2.3 or 2.4) without consideration or for a consideration per share less than the lesser greater of the Current Market Price and the Warrant Price in effect immediately prior to such issue or sale, then, and in each such case, subject to section 2.8, such Warrant Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Warrant Price by a fraction
Appears in 2 contracts
Samples: Banque Paribas, Banque Paribas
Issuance of Additional Shares of Common Stock. In Subject to Section 2.7, in case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to section Section 2.3 or 2.42.4 hereof) without consideration or for a consideration per share less than the lesser of the Current Market Price and the Warrant A Price in effect immediately prior to such issue or sale, then, and in each such case, subject to section 2.8Section 2.6 hereof, such Warrant A Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Warrant A Price by a fraction:
Appears in 1 contract
Samples: System Software Associates Inc
Issuance of Additional Shares of Common Stock. In case the --------------------------------------------- Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to section 2.3 or 2.4) without consideration or for a consideration per share less than the lesser greater of the Current Market Price price and the Warrant Price in effect immediately prior to such issue or sale, then, and in each such case, subject to section 2.8, such Warrant Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Warrant Price by a fraction
Appears in 1 contract
Samples: Letter Agreement (Information Management Associates Inc)
Issuance of Additional Shares of Common Stock. In case the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to section Section 2.3 or 2.42.4 hereof) without consideration or for a consideration per share less than the lesser greater of the Current Market Price and or the Warrant Price in effect immediately prior to such issue or sale, then, and in each such case, subject to section 2.8Section 2.7 hereof, such Warrant Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 0.0001 of a cent) determined by multiplying such Warrant Price by a fraction:
Appears in 1 contract
Samples: Warrant And (E Z Serve Corporation)
Issuance of Additional Shares of Common Stock. In case the event the Company at any time or from time to time after the date hereof shall issue or sell Additional Shares of Common Stock (including Additional Shares of Common Stock deemed to be issued pursuant to section Section 2.3 or 2.42.4 hereof) without consideration or for a consideration per share less than the lesser of the Current Market Price and the Warrant Price in effect immediately prior to such issue or sale, then, and in each such case, subject to section 2.8Section 2.8 hereof, such Warrant Price shall be reduced, concurrently with such issue or sale, to a price (calculated to the nearest .001 of a cent) determined by multiplying such Warrant Price by a fraction:
Appears in 1 contract
Samples: Equinox Group Inc