Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warrant, so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 9 contracts
Samples: NeuroSigma, Inc., NeuroSigma, Inc., NeuroSigma, Inc.
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this WarrantWarrant (subject to adjustment of the Exercise Price as provided in Section 8), the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 9 contracts
Samples: Vcampus Corp, Vcampus Corp, Vcampus Corp
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof hereof, including Sections 7(a), shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 9 contracts
Samples: Warrant Purchase Agreement (CNS Response, Inc.), Purchase Shares (CNS Response, Inc.), CNS Response, Inc.
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a9(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 9 contracts
Samples: Grove Collaborative Holdings, Inc., Atrinsic, Inc., Atrinsic, Inc.
Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization, reorganization or change in the Common Stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a8(a) aboveabove or as a result of any “Fundamental Transaction” described in Section 8(c) below), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant Option to purchase, at a total price equal to that payable upon the exercise of this WarrantOption, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case case, appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share Exercise Price payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 9 contracts
Samples: Acquire Shares (National Health Partners Inc), Acquire Shares (National Health Partners Inc), Acquire Shares (National Health Partners Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a10(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 9 contracts
Samples: DG FastChannel, Inc, DG FastChannel, Inc, Toreador Resources Corp
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warrant, so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 7 contracts
Samples: Warrant Purchase Agreement (Seebeyond Technology Corp), Debut Broadcasting Corporation, Inc., Basic Agreement Regarding Stock Purchase (Southwall Technologies Inc /De/)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock type of securities of the Company issuable upon exercise of this Warrant (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a2.1 above or Section 2.3 below) above)or consolidation or merger involving the Company in which the Common Stock is converted into or exchanged for securities, cash or other property, then, as a condition of such reclassification, reorganization, change, consolidation or changemerger, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, change, consolidation or change merger by a holder of the same number and type of Shares securities as were purchasable as Warrant Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, change, consolidation or changemerger. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Warrant Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain remain, as nearly as reasonably may be, the same.
Appears in 7 contracts
Samples: Stockholders’ Agreement, Stockholders’ Agreement (Radius Health, Inc.), Stockholders’ Agreement (Radius Health, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 7 contracts
Samples: Warrant (Cardiva Medical, Inc.), Warrant (Cardiva Medical, Inc.), Warrant (Cardiva Medical, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder Holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, reorganization or change by a holder Holder of the same number of Shares shares of Common Stock as were purchasable by the holder Holder of this Warrant immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder Holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 6 contracts
Samples: Ispire Technology Inc., Basanite, Inc., Basanite, Inc.
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) aboveabove or as a result of a Change of Control), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 6 contracts
Samples: Warrant (Sagent Technology Inc), Warrant (Sagent Technology Inc), Sagent Technology Inc
Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization, reorganization or change in the Common Stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a9(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant Option to purchase, at a total price equal to that payable upon the exercise of this WarrantOption, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case case, appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share Exercise Price payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 6 contracts
Samples: Employment Agreement (National Health Partners Inc), Employment Agreement (National Health Partners Inc), Employment Agreement (National Health Partners Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this WarrantWarrant (subject to adjustment of the Exercise Price as provided in Section 7), the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder Holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 6 contracts
Samples: Warrant (Azur Holdings, Inc.), Warrant (Azur Holdings, Inc.), Agreement (Parallel Technologies Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock (including because of a change of control) of the Company Client (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) 6.1 above), then, as a condition of such reclassification, reorganization, or change, lawful then the Client shall make appropriate provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warrant, so that the holder of this Warrant shall have the right at any time prior to before the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to before such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 5 contracts
Samples: BorrowMoney.com, Inc., BorrowMoney.com, Inc., BorrowMoney.com, Inc.
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this WarrantWarrant (subject to adjustment of the Exercise Price as provided in Section 8), the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 5 contracts
Samples: Warrant (Mdu Communications International Inc), Warrant (Mdu Communications International Inc), Mdu Communications International Inc
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above8(a)), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case case, appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 5 contracts
Samples: Purchase Common Stock (Rockdale Resources Corp), Purchase Common Stock (Rockdale Resources Corp), Purchase Common Stock (Rockdale Resources Corp)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof hereof, including Sections 6(a), shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 5 contracts
Samples: MYnd Analytics, Inc., MYnd Analytics, Inc., MYnd Analytics, Inc.
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock Shares of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this WarrantWarrant (subject to adjustment of the Exercise Price as provided in Section 8), the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of shares of Shares as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 5 contracts
Samples: Warrant Exercise Agreement (China Hydroelectric Corp), China Hydroelectric Corp, China Hydroelectric Corp
Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization, reorganization or change in the Common Stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant Option to purchase, at a total price equal to that payable upon the exercise of this WarrantOption, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case case, appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share Exercise Price payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 5 contracts
Samples: National Health Partners Inc, National Health Partners Inc, National Health Partners Inc
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Conversion Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Conversion Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 4 contracts
Samples: Palantir Technologies Inc., Warrant Purchase Agreement (Viveve Medical, Inc.), Warrant Purchase Agreement (Viveve Medical, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warrant, so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 4 contracts
Samples: Note and Warrant Purchase Agreement (Amarantus BioSciences, Inc.), Note and Warrant Purchase Agreement (Amarantus BioSciences, Inc.), Note and Warrant Purchase Agreement (Jumpkicks, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Warrant Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Warrant Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 4 contracts
Samples: Purchase Agreement (Eidos Therapeutics, Inc.), Oscar Health, Inc., Oscar Health, Inc.
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) above, and including conversion of the Shares), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 4 contracts
Samples: Applied Genetic Technologies Corp, Applied Genetic Technologies Corp, Applied Genetic Technologies Corp
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) 5 above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares Underlying Securities as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. change In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 4 contracts
Samples: content.edgar-online.com, content.edgar-online.com, sec.report
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) 5.1 above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 4 contracts
Samples: Metro One Telecommunications Inc, Metro One Telecommunications Inc, Metro One Telecommunications Inc
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this WarrantWarrant (subject to adjustment of the Exercise Price as provided in Section 8, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 4 contracts
Samples: Warrant Purchase Agreement (Nextron Communications Inc), Mcy Com Inc /De/, Mcy Com Inc /De/
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a9(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 4 contracts
Samples: Selectica Inc, Selectica Inc, Fatbrain Com Inc
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warrant, so that the holder of this Warrant shall Shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, Warrant the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the the-same number of Shares as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable de1iverable upon exercise hereof, hereof and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 3 contracts
Samples: Note and Warrant Purchase Agreement (Amarantus BioSciences, Inc.), Note and Warrant Purchase Agreement (Amarantus BioSciences, Inc.), Note and Warrant Purchase Agreement (Jumpkicks, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Warrant Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Warrant Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 3 contracts
Samples: Switchback Energy Acquisition Corp, Switchback Energy Acquisition Corp, Oxygen Therapy, Inc.
Reclassification, Reorganization and Consolidation. In case -------------------------------------------------- of any reclassification, capital reorganization, or change in the Common Preferred Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Preferred Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 3 contracts
Samples: Getthere Com, Getthere Com, Getthere Com
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantMLSC, so that the holder of this Warrant MLSC shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Warrant Shares by the holder of this Warrant MLSC immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant MLSC so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Warrant Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 3 contracts
Samples: Funding Agreement (Arch Therapeutics, Inc.), Myomo Inc, Myomo Inc
Reclassification, Reorganization and Consolidation. In case If at any time before the expiration of this Warrant, the Company undergoes any reclassification, capital reorganization, or change in the its Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, the Company (or change, lawful provision shall be made, its successor) will execute and duly executed deliver to the Holder appropriate documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder’s right, so that the holder of this Warrant shall have the right at any time prior to before the expiration of date on which this Warrant would expire, to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and and/or other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of change, as the same number of Shares as were purchasable by the holder of this Warrant Holder could have purchased immediately prior to before such reclassification, reorganization, or change. In any such case appropriate provisions shall will be made with respect to the Holder’s rights and interest of the holder of this Warrant so that the provisions hereof shall of this Warrant will thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereofof this Warrant, and appropriate adjustments shall will be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall will remain the sameunchanged.
Appears in 3 contracts
Samples: Graymark Healthcare, Inc., Graymark Healthcare, Inc., Graymark Healthcare, Inc.
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Warrant Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 3 contracts
Samples: Registration Rights Agreement (GlassHouse Technologies Inc), Stock Purchase Agreement (GlassHouse Technologies Inc), GlassHouse Technologies Inc
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a4(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Conversion Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Conversion Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 3 contracts
Samples: Odyssey Marine Exploration Inc, Odyssey Marine Exploration Inc, Odyssey Marine Exploration Inc
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Preferred Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Preferred Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 3 contracts
Samples: Force10 Networks Inc, Planetrx Com, Kinzan Com
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 3 contracts
Samples: Notice of Exercise (Health Sciences Acquisitions Corp 2), Notice of Exercise (Health Sciences Acquisitions Corp 2), Notice of Exercise (Health Sciences Acquisitions Corp 2)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest interests of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the sameunchanged.
Appears in 3 contracts
Samples: Purchase Common Stock (Macrosolve Inc), Purchase Common Stock (Macrosolve Inc), Macrosolve Inc
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof hereof, including the provisions set forth in Section 1, shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 3 contracts
Samples: Intellectual Property Purchase Agreement (Nuvasive Inc), Intellectual Property Purchase Agreement (Nuvasive Inc), Nuvasive Inc
Reclassification, Reorganization and Consolidation. In case the event of any corporate reclassification, capital reorganization, consolidation, spin-off or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a5(a) above), then, as a condition of such reclassification, reorganization, or changeevent, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and and/or other securities and property receivable in connection with such reclassification, reorganization, or change event by a holder of the same number of Shares as were purchasable by the holder of shares for which this Warrant could have been exercised immediately prior to such reclassification, reorganization, or changeevent. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunderExercise Price, provided that the aggregate purchase exercise price payable hereunder for the total number of Shares purchasable under this Warrant (as adjusted) shall remain the same.
Appears in 3 contracts
Samples: Softbank Holdings Inc Et Al, Softbank Holdings Inc Et Al, Softbank Holdings Inc Et Al
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Preferred Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a9(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Preferred Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 3 contracts
Samples: Theravance Inc, Vincera, Inc., Vincera, Inc.
Reclassification, Reorganization and Consolidation. In case the event of any corporate reclassification, capital reorganization, consolidation, spin-off or change in the Common Stock Shares of the Company (Company, other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or changeevent, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered delivered, to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and and/or other securities and property receivable in connection with such reclassification, reorganization, or change event by a holder of holding the same number of Shares as were purchasable by the holder of shares for which this Warrant could have been exercised immediately prior to such reclassification, reorganization, or changeevent. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunderExercise Price, provided that the aggregate purchase exercise price payable hereunder for the total number of Shares purchasable under this Warrant (as adjusted) shall remain the same.
Appears in 3 contracts
Samples: Standby Purchase Agreement (Waste Services, Inc.), Fi Tek Vii Inc, Ronco Corp
Reclassification, Reorganization and Consolidation. In case of -------------------------------------------------- any reclassification, capital reorganization, or change in the Common Preferred Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, . as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warrant, so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Preferred Stock as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: DSL Net Inc, DSL Net Inc
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock Equity Interests of the Company (other than as a result of a subdivision, combination, or stock dividend combination provided for in Section 6(a7(a) aboveabove or an in-kind distribution provided for in Section 7(c) below), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolders, so that the holder of this Warrant Holders shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock Equity Interests and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same a proportionate number and type of Shares securities as were purchasable as Ordinary Shares by the holder of this Warrant Holders immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holders so that the provisions hereof shall thereafter be applicable with respect to any shares of stock Equity Interests or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Ordinary Share payable hereunder; provided, provided that the aggregate purchase price Exercise Price shall remain the samesame (subject to adjustment in accordance with this Section 7).
Appears in 2 contracts
Samples: Carbon Revolution Public LTD Co, Carbon Revolution Public LTD Co
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares Next Securities as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: BioCardia, Inc., BioCardia, Inc.
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock (including because of a change of control) of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder Holder of this Warrant shall have the right at any time prior to before the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder Holder of this Warrant immediately prior to before such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder Holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Business Alliance Agreement (Vitalibis, Inc.), Vitalibis, Inc.
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this WarrantWarrant (subject to adjustment of the Exercise Price as provided in Section 8, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder Holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Nextron Communications Inc, Nextron Communications Inc
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warrant, so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, Tier 4 or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: NeuroSigma, Inc., NeuroSigma, Inc.
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a8(a) aboveabove or a Corporate Transaction), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Icx Technologies Inc, Icx Technologies Inc
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, hereof and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 2 contracts
Samples: Purchase Agreement (Jive Software, Inc.), Purchase Agreement (Jive Software, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Exercise Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Exercise Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 2 contracts
Samples: Warrant Purchase Agreement (Anebulo Pharmaceuticals, Inc.), Warrant Purchase Agreement (Anebulo Pharmaceuticals, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Warrant Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per per-share Exercise Price payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 2 contracts
Samples: Highpower International, Inc., Empowered Products, Inc.
Reclassification, Reorganization and Consolidation. In case the event of any corporate reclassification, capital reorganization, consolidation, spin-off or change in the Common Stock Shares of the Company (Company, other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above7(a), then, as a condition of such reclassification, reorganization, or changeevent, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered delivered, to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and and/or other securities and property receivable in connection with such reclassification, reorganization, or change event by a holder of holding the same number of Shares as were purchasable by the holder of shares for which this Warrant could have been exercised immediately prior to such reclassification, reorganization, or changeevent. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunderExercise Price, provided provided, however, that the aggregate purchase exercise price payable hereunder for the total number of Shares purchasable under this Warrant (as adjusted) shall remain the same.
Appears in 2 contracts
Samples: Home Solutions of America Inc, Home Solutions of America Inc
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Series D Preferred Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Series D Preferred Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Marketing Agreement (E Loan Inc), Marketing Agreement (E Loan Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Common Stock by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share of Common Stock payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 2 contracts
Samples: Warrant Purchase Agreement (Anterios Inc), Warrant Purchase Agreement (Anterios Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock Covered Securities of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price Exercise Price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Covered Securities as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof of this Warrant shall thereafter be applicable after such reclassification, reorganization, or change with respect to any shares of stock or other securities and property deliverable upon exercise hereofof this Warrant, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided Exercise Price such that the aggregate purchase price Exercise Price payable for the total number of Shares purchasable under this Warrant (as adjusted) shall remain the same.
Appears in 2 contracts
Samples: Securities Purchase Agreement (GlassHouse Technologies Inc), Securities Purchase Agreement (GlassHouse Technologies Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, merger, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganizationmerger, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganizationmerger, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Warrant Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganizationmerger, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Warrant Exercise Price per share Warrant Share payable hereunder, provided the aggregate purchase price Warrant Exercise Price shall remain the same.
Appears in 2 contracts
Samples: Note and Warrant (Salient Surgical Technologies, Inc.), BioTrove, Inc.
Reclassification, Reorganization and Consolidation. In case of -------------------------------------------------- any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Iown Holdings Inc, Ginsburg Scott K
Reclassification, Reorganization and Consolidation. In With respect to any series of Preferred Stock issuable hereunder, in case of any reclassification, capital reorganization, or change in the Common such Preferred Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) 4.1 above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior right, subject to the expiration termination provisions of this Warrant Section 2.1 hereto and the election of the Majority Holders, to purchase, at a total price equal to that remaining payable upon the full exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of such Preferred Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case case, appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Nanosphere Inc), Note and Warrant Purchase Agreement (Nanosphere Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Conversion Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Conversion Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 2 contracts
Samples: Long-E International, Inc., Yinlips Technology, Inc.
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock (including because of a change of control) of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) 0 above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder of this Warrant shall have the right at any time prior to before the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to before such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Master Distribution Agreement (Bluearc Corp), Master Distribution Agreement (Bluearc Corp)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this WarrantWarrant (subject to adjustment of the Exercise Price as provided in Section 8), the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder Holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Warrant (Local Matters Inc.), Warrant (Local Matters Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrantmake appropriate provision, so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Warrant, so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided that the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: BioCardia, Inc., BioCardia, Inc.
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a5(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number and type of Shares securities as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Odyssey Marine Exploration Inc, Odyssey Marine Exploration Inc
Reclassification, Reorganization and Consolidation. In case of -------------------------------------------------- any reclassification, capital reorganization, or change in the Common Preferred Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Preferred Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Getthere Com, Getthere Com
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a9(b) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Exchange Agreement (Viewcast Com Inc), Viewcast Com Inc
Reclassification, Reorganization and Consolidation. In Subject to Section 3 above, in case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, then as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share Share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Reclassification, Reorganization and Consolidation. In case of any reclassification, merger, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a5(a) above), then, as a condition of such reclassification, reorganizationmerger, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantWarrant Holder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant Expiration Date to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganizationmerger, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganizationmerger, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price for the total number of Shares purchasable under this Warrant (as adjusted) shall remain the same.
Appears in 2 contracts
Samples: Natera, Inc., Natera, Inc.
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case case, appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Nuvelo Inc, Nuvelo Inc
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than with respect to a Corporate Transaction or as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, made and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 2 contracts
Samples: Warrant Purchase Agreement (Violin Memory Inc), Warrant Purchase Agreement (Violin Memory Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, merger, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) 3.1 above), then, as a condition of such reclassification, reorganizationmerger, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganizationmerger, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Warrant Stock by the holder of this Warrant Holder immediately prior to such reclassification, reorganizationmerger, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Purchase Price per share Warrant Share payable hereunder, provided the aggregate purchase price Purchase Price shall remain the same.
Appears in 2 contracts
Samples: Voting Agreement (Mersana Therapeutics, Inc.), Voting Agreement (Mersana Therapeutics, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Master Sales Agreement (Alien Technology Corp), Master Sales Agreement (Alien Technology Corp)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock Shares of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Share Warrant to purchase, at a total price equal to that payable upon the exercise of this WarrantShare Warrant (subject to adjustment of the Exercise Price as provided in Section 8), the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 2 contracts
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Warrant Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 2 contracts
Samples: Globe Photos, Inc., Globe Photos, Inc.
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock (because of a change of control) of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder of this Warrant shall have the right at any time prior to before the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to before such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: Warrant Agreement (National Automation Services Inc), Warrant Agreement (National Automation Services Inc)
Reclassification, Reorganization and Consolidation. In case of -------------------------------------------------- any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a9(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share Exercise Price payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 2 contracts
Samples: And Mci Worldcom (Equinix Inc), And Mci Worldcom (Equinix Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, consolidation or merger of the Company, sale or conveyance of all or substantially all assets of the Company or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a11(a) above), then, as a condition precedent of such reclassification, reorganization, consolidation, merger, sale, conveyance or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, consolidation, merger, sale, conveyance or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, consolidation, merger, sale, conveyance or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 2 contracts
Samples: NeuroSigma, Inc., NeuroSigma, Inc.
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock shares of common stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this WarrantWarrant (subject to adjustment of the Exercise Price as provided in this Section 8), the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares the shares of common stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 2 contracts
Samples: Unilife Corp, Unilife Corp
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 1 contract
Samples: Zhongchao Inc.
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Series A-3 Preferred Stock by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share of Series A-3 Preferred Stock payable hereunder, ; provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 1 contract
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Preferred Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a10(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Preferred Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same. Notwithstanding the foregoing, in the event that the outstanding shares of Preferred Stock of this Company are converted into Common Stock upon the initial public offering of the Company, this Warrant shall become exercisable, subject to the terms and conditions of this Warrant, for shares of Common Stock.
Appears in 1 contract
Samples: Getthere Com
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from then the Company or its successor shall be delivered to the holder of this Warrant, make appropriate provision so that the holder Holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder Holder of the same number of Shares shares of Common Stock as were purchasable by the holder Holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder Holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 1 contract
Samples: MultiCell Technologies, Inc.
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a5(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Conversion Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Conversion Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 1 contract
Samples: Spring Bank Pharmaceuticals, Inc.
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a5(a) above)) that occurs after the Issue Date, then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall thereafter have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and and/or other securities and or property (including, if applicable, cash) receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as shares of Common Stock by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share Exercise Price payable hereunder, provided the aggregate purchase price Exercise Price shall remain the samesame (and, for the avoidance of doubt, this Warrant shall be exclusively exercisable for such shares of stock and/or other securities or property from and after the consummation of such reclassification or other change in the capital stock of the Company).
Appears in 1 contract
Samples: Hyperion Therapeutics Inc
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), above then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. Such reclassification, reorganization and consolidation may include without limitation a transfer of Company's assets to an affiliate company to be formed under the laws of Switzerland or similar entity. In any such case case, appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 1 contract
Samples: Warrant Agreement (Micrus Corp)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant Option to purchase, at a total price equal to that payable upon the exercise of this WarrantOption, the kind and amount number of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Option Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Option Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 1 contract
Samples: Bioxytran, Inc
Reclassification, Reorganization and Consolidation. In case of -------------------------------------------------- any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a9(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share Exercise Price payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 1 contract
Samples: Master Agreement (Equinix Inc)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision then appropriate provisions shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warranthereof, so that the such holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant hereof immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant hereof so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable Exercise Price hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 1 contract
Samples: Viasat Inc
Reclassification, Reorganization and Consolidation. In case of any -------------------------------------------------- reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a) above4.1 or as a result of a Change of Control), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warrant, so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Equity Securities as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunderExercise Price, provided the aggregate purchase price Purchase Price shall remain the same.
Appears in 1 contract
Samples: Conceptus Inc
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided but the aggregate purchase price Exercise Price payable for the total number of Shares purchasable under this Warrant (as adjusted) shall remain the same.
Appears in 1 contract
Samples: Warrant Agreement (Samba TV, Inc.)
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company Additional Securities or Series B Preferred Stock, as applicable, (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warrant, so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number of Shares shares of the Additional Securities or Series B Preferred Stock, as applicable, as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, reorganization or change. In any such case case, appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 1 contract
Samples: Informatica Corp
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price Exercise Price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof of this Warrant shall thereafter be applicable after such reclassification, reorganization, or change with respect to any shares of stock or other securities and property deliverable upon exercise hereofof this Warrant, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided Exercise Price such that the aggregate purchase price Exercise Price payable for the total number of Shares purchasable under this Warrant (as adjusted) shall remain the same.
Appears in 1 contract
Samples: GlassHouse Technologies Inc
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company or any consolidation or merger involving the Company in which the Shares are converted into or exchanged for stock or other securities, cash or other property and that is not a Liquidating Event (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a) aboveabove or Section 6(e) below (a “Reorganization”), ) then, as a condition of such reclassification, reorganization, or changeReorganization, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and securities, cash or property receivable in connection with such reclassification, reorganization, or change Reorganization by a holder of the same number and type of Shares securities as were purchasable as Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or changeReorganization. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and securities, cash or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same. The provisions of this Section 6(b) shall similarly apply to successive Reorganizations.
Appears in 1 contract
Samples: Aldagen Inc
Reclassification, Reorganization and Consolidation. In Except -------------------------------------------------- for a Sale of the Company, in case of any reclassification, capital reorganization, or change in the Common Series C Preferred Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this Warrantthe Option, so that the holder of this Warrant the Option shall have the right at any time prior to the expiration of this Warrant the term of the Option to purchase, at a total price equal to that payable upon the exercise of this Warrantthe Option, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Series C Preferred Stock as were purchasable by the holder of this Warrant the Option immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant the Option so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided that the aggregate purchase price shall remain the same.
Appears in 1 contract
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a8(a) aboveabove or Section 8(c) below), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price Exercise Price per share Share payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 1 contract
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a7(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing ) occurring before the same from the Company or its successor shall be delivered to the holder expiration of this Warrant, then the Company shall make appropriate provision so that the holder of this Warrant shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 1 contract
Samples: Nutracea
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, reorganization or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and or property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number and type of Shares securities as were purchasable as Shares by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and or property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share Exercise Price payable hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 1 contract
Samples: Palantir Technologies Inc.
Reclassification, Reorganization and Consolidation. In case of any reclassification, capital reorganization, or change in the Common Stock capital stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), ) then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Common Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. Such reclassification, reorganization and consolidation may include without limitation a transfer of Company's assets to an affiliate company to be formed under the laws of Switzerland or similar entity. In any such case case, appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunder, provided the aggregate purchase price shall remain the same.
Appears in 1 contract
Samples: Warrant Agreement (Micrus Corp)
Reclassification, Reorganization and Consolidation. In the case of any reclassification, capital reorganization, reorganization or change in the Common Stock of the Company (other than as a result of a subdivision, combination, combination or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, reorganization or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantInvestor, so that the holder of this Warrant Investor shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, reorganization or change by a holder of the same number of Shares as were purchasable by the holder of this Warrant Investor immediately prior to such reclassification, reorganization, reorganization or change. In any such case appropriate provisions shall be made with respect to the rights and interest interests of the holder of this Warrant Investor so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable hereunderExercise Price, provided provided, however, that the aggregate purchase price shall remain the same.
Appears in 1 contract
Samples: CyDex Pharmaceuticals, Inc.
Reclassification, Reorganization and Consolidation. In case of -------------------------------------------------- any reclassification, capital reorganization, or change in the Common Preferred Stock of the Company (other than as a result of a subdivision, combination, or stock dividend provided for in Section 6(a8(a) above), then, as a condition of such reclassification, reorganization, or change, lawful provision shall be made, and duly executed documents evidencing the same from the Company or its successor shall be delivered to the holder of this WarrantHolder, so that the holder of this Warrant Holder shall have the right at any time prior to the expiration of this Warrant to purchase, at a total price equal to that payable upon the exercise of this Warrant, the kind and amount of shares of stock and other securities and property receivable in connection with such reclassification, reorganization, or change by a holder of the same number of Shares shares of Preferred Stock as were purchasable by the holder of this Warrant Holder immediately prior to such reclassification, reorganization, or change. In any such case appropriate provisions shall be made with respect to the rights and interest of the holder of this Warrant Holder so that the provisions hereof shall thereafter be applicable with respect to any shares of stock or other securities and property deliverable upon exercise hereof, and appropriate adjustments shall be made to the purchase price per share payable Exercise Price hereunder, provided the aggregate purchase price Exercise Price shall remain the same.
Appears in 1 contract
Samples: Petopia Com Inc
