Common use of When Issuance or Payment May Be Deferred Clause in Contracts

When Issuance or Payment May Be Deferred. In any case in which this Section 7 shall require that an adjustment in the number of shares of Common Stock issuable upon exercise of a Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event issuing to the holder of any applicable Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the number of shares of Common Stock issuable upon exercise of the Warrant; provided, however, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder’s right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 7 contracts

Samples: Stockholders Agreement (Virgin America Inc.), Stockholders Agreement (Virgin America Inc.), Sixth Closing Warrant Agreement (Virgin America Inc.)

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When Issuance or Payment May Be Deferred. In any case in which this Section 7 shall require 11 requires that an adjustment in the number of shares of Common Stock common stock issuable upon exercise of a each Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event issuing to the holder of any applicable Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the number of shares of Common Stock common stock issuable upon exercise of the each Warrant; provided, however, that the Company shall deliver to such holder a due xxxx bxxx or other appropriate instrument evidencing such holder’s right to receive such additional Warrant Shares, Shares and other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 6 contracts

Samples: Warrant Agreement (Selway Capital Acquisition Corp.), Warrant Agreement (Selway Capital Acquisition Corp.), Warrant Agreement (Selway Capital Acquisition Corp.)

When Issuance or Payment May Be Deferred. In any case in which this Section 7 shall require 11 requires that an adjustment in the number of ordinary shares of Common Stock issuable upon exercise of a each Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event issuing to the holder of any applicable Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the number of ordinary shares of Common Stock issuable upon exercise of the each Warrant; provided, however, that the Company shall deliver to such holder a due xxxx bxxx or other appropriate instrument evidencing such holder’s right to receive such additional Warrant Shares, Shares and other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 5 contracts

Samples: Warrant Agreement (CIS Acquisition Ltd.), Warrant Agreement (CIS Acquisition Ltd.), Warrant Agreement (CIS Acquisition Ltd.)

When Issuance or Payment May Be Deferred. In any case in which this Section 7 11 shall require that an adjustment in the number of shares of Common Stock issuable upon exercise of a each Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any applicable Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the number of shares of Common Stock issuable upon exercise of the Warranteach Warrant and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 12 hereof; provided, however, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder’s 's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 4 contracts

Samples: Warrant Agreement (Prospect Acquisition Corp), Warrant Agreement (Prospect Acquisition Corp), Warrant Agreement (Wattles Acquisition Corp)

When Issuance or Payment May Be Deferred. In any case in which this Section 7 4 shall require that an adjustment in the number of shares of Common Stock issuable upon exercise of a each Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the holder of any applicable Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the number of shares of Common Stock issuable upon exercise of the Warranteach Warrant and (ii) paying to such holder any amount in cash in lieu of a fractional share pursuant to Section 4.18 hereof; provided, however, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder’s right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 3 contracts

Samples: Warrant Agreement (Madison Square Capital, Inc.), Warrant Agreement (Two Harbors Investment Corp.), Warrant Agreement (Capitol Acquisition Corp)

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When Issuance or Payment May Be Deferred. In any case in which this Section 7 shall require that an adjustment in the number of shares of Common Stock issuable upon exercise of a the Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event issuing to the holder of any applicable the Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the number of shares of Common Stock issuable upon exercise of the Warrant; provided, however, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder’s right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Virgin America Inc.)

When Issuance or Payment May Be Deferred. In any case in which this Section 7 shall require 11 requires that an adjustment in the number of ordinary shares of Common Stock issuable upon exercise of a each Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event issuing to the holder of any applicable Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the number of ordinary shares of Common Stock issuable upon exercise of the each Warrant; provided, however, that the Company shall deliver to such holder a due xxxx or other appropriate instrument evidencing such holder’s right to receive such additional Warrant Shares, Shares and other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (RNK Global Development Acquisition Corp.)

When Issuance or Payment May Be Deferred. In any case in which this Section 7 shall require 11 requires that an adjustment in the number of shares of Common Stock issuable upon exercise of a each Warrant be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event issuing to the holder of any applicable Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the number of shares of Common Stock issuable upon exercise of the each Warrant; provided, however, that the Company shall deliver to such holder a due xxxx bxxx or other appropriate instrument evidencing such holder’s right to receive such additional Warrant Shares, Shares and other capital stock and cash upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Samples: Warrant Agreement (Prime Acquisition Corp)

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