Common use of When Adjustment May Be Deferred Clause in Contracts

When Adjustment May Be Deferred. No adjustment in the Exercise ------------------------------- Rate need be made unless the adjustment would require a change of at least 1.0% in the Exercise Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. However, with respect to a dividend of the Company's Capital Stock (or rights to acquire such Capital Stock) adjustments can be deferred only until, and must be made by, the earlier of (i) three years from the date of such stock dividend and (ii) the date as of which the aggregate stock dividends for which adjustments have not been made total at least 1.0% of the then issued and outstanding Common Stock with respect to which such stock dividends were distributed. All calculations under this Section 3 shall be made to the nearest 1/1,000th of a share.

Appears in 1 contract

Samples: Unifi Communications Inc

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When Adjustment May Be Deferred. No adjustment in the Exercise Rate ------------------------------- Rate need be made unless the adjustment would require a change of at least 1.0% in the Exercise Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. However, with respect to a dividend of the Company's Capital Stock (or rights to acquire such Capital Stock) adjustments can be deferred only until, and must be made by, the earlier of (i) three years from the date of such stock dividend and (ii) the date as of which the aggregate stock dividends for which adjustments have not been made total at least 1.0% of the then issued and outstanding Common Stock with respect to which such stock dividends were distributed. All calculations under this Section 3 Article V shall be made to the nearest 1/1,000th of a share.

Appears in 1 contract

Samples: Warrant Agreement (Unifi Communications Inc)

When Adjustment May Be Deferred. No adjustment in the Exercise Rate ------------------------------- Rate need be made unless the adjustment would require a change of at least 1.0% in the Exercise Rate. Any adjustments that are not made shall be carried forward and taken into account count in any subsequent adjustment. However, with respect to a dividend of the Company's Capital Stock (or rights to acquire such Capital Stock) adjustments can be deferred only until, and must be made by, the earlier of (i) three years from the date of such stock dividend and (ii) the e date as of which the aggregate stock dividends for which adjustments have not been made total at least 1.0% of the then issued and outstanding Common Stock with respect to which such stock dividends were distributed. All calculations under this Section 3 shall be made to the nearest 1/1,000th 1/1000th of a share.

Appears in 1 contract

Samples: Unifi Communications Inc

When Adjustment May Be Deferred. No adjustment in the Exercise ------------------------------- Rate need be made unless the adjustment would require a change of at least 1.0% in the Exercise Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. However, with respect to a dividend of the Company's Capital Stock (or rights to acquire such Capital Stock) adjustments can be deferred only until, and must be made by, the earlier of (i) three years from the date of such stock dividend and (ii) the date as of which the aggregate stock dividends for which adjustments have not been made total at least 1.0% of the then issued and outstanding Common Stock with respect to which such stock dividends were distributed. All calculations under this Section 3 Article V shall be made to the nearest 1/1,000th of a share.

Appears in 1 contract

Samples: Warrant Agreement (Scovill Holdings Inc)

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When Adjustment May Be Deferred. No adjustment in the Exercise ------------------------------- Rate need be made unless the adjustment would require a change of at least 1.0% in the Exercise Rate. Any adjustments that are not made shall be carried forward and taken into account in any subsequent adjustment. However, with respect to a dividend of the Company's Capital Stock (or rights to acquire such Capital Stock) adjustments can be deferred only until, and must be made by, the earlier of (i) three years from the date of such stock dividend and (ii) the date as of which the aggregate stock dividends for which adjustments have not been made total at least 1.0% of the then issued and outstanding Common Stock with respect to which such stock dividends were distributed. All calculations under this Section 3 Article V shall be made to the nearest 1/1,000th of a share.. 20 -16

Appears in 1 contract

Samples: Warrant Agreement (Scovill Holdings Inc)

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