Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. In case at any time or from time to time after the Original Issue Date the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders eligible to receive) shall have become entitled to receive, without payment therefor (a) other or additional stock or other securities or property (other than cash) by way of dividend, or (b) other or additional (or less) stock or other securities or property other than by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement, then, and in each such case, the holder of this Warrant, upon the exercise hereof as provided in Section 3, shall be entitled to receive the amount of stock and other securities and property which such holder would hold on the date of such exercise if on the Original Issue Date he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the Original Issue Date to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 6 and 7 hereof.
Appears in 12 contracts
Sources: Common Stock Purchase Warrant (Rolling Pin Kitchen Emporium Inc), Common Stock Purchase Warrant (Rolling Pin Kitchen Emporium Inc), Common Stock Purchase Warrant (Rolling Pin Kitchen Emporium Inc)
Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. In case at any time or from time to time after the Original Issue Date time, the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor,
(a) other or additional stock or other securities or property (other than cash) by way of dividend, or
(b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or
(c) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement, thenother than additional shares of Common Stock issued as a stock dividend or in a stock-split (adjustments in respect of which are provided for in Section 5.3), then and in each such case, case the holder of this Warrant, upon on the exercise hereof as provided in Section 31, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in clauses (b) and (c) of this Section 3) which such holder would hold on the date of such exercise if on the Original Issue Date date hereof he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the Original Issue Date date hereof to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in clauses (b) and (c) of this Section 3) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 6 4 and 7 hereof5.
Appears in 12 contracts
Sources: Loan Agreement (World Wireless Communications Inc), Common Stock Purchase Warrant (Global Gold Corp), Common Stock Purchase Warrant (Global Gold Corp)
Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. In case at any time or from time to time after the Original Issue Date time, the holders of Common Stock (or Other Securities) in their capacity as such shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor,
(a) other or additional stock or other securities or property (other than cash) by way of dividend, or
(b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or
(c) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement, thenother than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock-split (adjustments in respect of which are provided for in Section 5), then and in each such case, case the holder of this Warrant, upon on the exercise hereof as provided in Section 31, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) which such holder would hold on the date of such exercise if on the Original Issue Date date hereof he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, thereafter during the period from the Original Issue Date date hereof to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 6 4 and 7 hereof5.
Appears in 4 contracts
Sources: Warrant Agreement (Lionbridge Technologies Inc /De/), Warrant Agreement (Lionbridge Technologies Inc /De/), Warrant Agreement (Lionbridge Technologies Inc /De/)
Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. In case at any time or from time to time after the Original Issue Date time, the holders of Common Stock (or Other Securities) in their capacity as such shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor,
(a) other or additional stock or other securities or property (other than cash) by way of dividend, or
(b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or
(c) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement, thenother than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock-split (adjustments in respect of which are provided for in Section 5), then and in each such case, case the holder of this Warrant, upon on the exercise hereof as provided in Section 31, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) which such holder would hold on the date of such exercise if on the Original Issue Date date hereof he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the Original Issue Date date hereof to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 6 4 and 7 hereof5.
Appears in 3 contracts
Sources: Common Stock Purchase Warrant (Lionbridge Technologies Inc /De/), Credit Agreement (Wpi Group Inc), Warrant Agreement (Amerigroup Corp)
Adjustment for Dividends in Other Stock, Property, etc. ReclassificationRECLASSIFICATION, etcETC. In case at any time or from time to time after the Original Issue Date the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders eligible to receive) shall have become entitled to receive, without payment therefor
(a) , other or additional stock or other securities or property (other than cash) by way of dividenddividend or any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or
(b) or other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangementrearrangement other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock split (adjustments in respect of which are provided for in Section 5), then, then and in each such caseevent, the holder Holder of this Warrant, upon on the exercise hereof as provided in Section 3, 1 shall be entitled to receive the amount of stock and other securities and property which such holder (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) that the Holder would hold have been entitled to receive on the effective date of such exercise event if on the Original Issue Date he Holder had been the holder of record of the number of shares of Common Stock called for on the face of so exercised this Warrant and had thereafter, during the period from the Original Issue Date to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property receivable by him as aforesaid during such periodimmediately prior thereto, giving effect to all adjustments called for during such period by Sections 6 4 and 7 hereof5.
Appears in 2 contracts
Sources: Common Stock Purchase Warrant (Visual Edge Systems Inc), Common Stock Purchase Warrant (Visual Edge Systems Inc)
Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. In case at any time or from time to time after the Original Issue Date time, the holders of --------------------- Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor,
(a) other or additional stock or other securities or property (other than cash) by way of dividend, or
(b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or
(c) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement, thenother than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock-split (adjustments in respect of which are provided for in subsection 5.4), then and in each such case, case the holder of this Warrant, upon on the exercise hereof as provided in Section 3section 1, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this section 3) which such holder would hold on the date of such exercise if on the Original Issue Date date hereof he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the Original Issue Date date hereof to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this section 3) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 6 sections 4 and 7 hereof5.
Appears in 2 contracts
Sources: Common Stock Purchase Warrant (Peritus Software Services Inc), Secured Subordinated Note and Warrant Purchase Agreement (Providence & Worcester Railroad Co/Ri/)
Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. In case at any time or from time to time after the Original Issue Date the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders eligible to receive) shall have become entitled to receive, without payment therefor
(a) other or additional stock or other securities or property (other than cash) by way of dividend, or
(b) any cash paid or payable (including, without limitation, by way of dividend), or
(c) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement, then, and in each such case, case the holder of this Warrant, upon the exercise hereof as provided in Section section 3, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this section 5) which such holder would hold on the date of such exercise if on the Original Issue Date he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the Original Issue Date to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this section 5) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections sections 6 and 7 hereof.
Appears in 2 contracts
Sources: Common Stock Purchase Warrant (Magnavision Corporation), Common Stock Purchase Warrant (Magnavision Corporation)
Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. In case at any time or from time to time after the Original Issue Date time, the holders of Common Stock (or Other Securities) in their capacity as such shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor,
(a) other or additional stock or other securities or property (other than cash) by way of dividend, or
(b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Corporation), or
(c) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement, thenother than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock-split, adjustments in respect of which are provided for in Section 5.3, then and in each such casecase the Holder, the holder of this Warrant, upon on the exercise hereof as provided in Section 31, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) which such holder Holder would hold on the date of such exercise if on the Original Issue Date he date hereof it had been the holder of record of the maximum number of shares of Common Stock called for on Warrant Shares issuable upon the face exercise of this Warrant and had thereafter, during the period from the Original Issue Date date hereof to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 6 4 and 7 hereof5.
Appears in 2 contracts
Sources: Warrant Agreement (Datametrics Corp), Series B Preferred Stock and Warrant Purchase Agreement (Datametrics Corp)
Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. In case at any time or from time to time after the Original Issue Date the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders eligible to receive) shall have become entitled to receive, without payment therefor:
(a) other or additional stock or other securities or property (other than cash) by way of dividend, or
(b) any cash paid or payable (including, without limitation, by way of dividend), or
(c) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement, then, and in each such case, case the holder Holder of this Warrant, upon the exercise hereof as provided in Section 3, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 5) which such holder Holder would hold on the date of such exercise if on the Original Issue Date he such Holder had been the holder Holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the Original Issue Date to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 5) receivable by him such Holder as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 6 and 7 hereof.
Appears in 2 contracts
Sources: Warrant Agreement (Visx Inc), Warrant Agreement (Visx Inc)
Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. In case at any time or from time to time after the Original Issue Date time, the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor,
(a) other or additional stock or other securities or property (other than cash) by way of dividend, or
(b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or
(c) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangementrearrangement other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock-split (adjustments in respect of which are provided for in Section 5), then, then and in each such case, case the holder of this Warrant, upon on the exercise hereof as provided in Section 31, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) which such holder would hold on the date of such exercise if on the Original Issue Date date hereof he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the Original Issue Date date hereof to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 6 4 and 7 hereof5.
Appears in 2 contracts
Sources: Common Stock Purchase Warrant (Media Logic Inc), Common Stock Purchase Warrant (Media Logic Inc)
Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. In case at any time or from time to time after the Original Issue Date time, the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor,
(a) other or additional stock or other securities or property (other than cash) by way of dividend, or
(b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or
(c) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement, thenother than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock-split (adjustments in respect of which are provided for in subsection 5.3), then and in each such case, case the holder of this Warrant, upon on the exercise hereof as provided in Section 3section 1, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this section 3) which such holder would hold on the date of such exercise if on the Original Issue Date date hereof he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the Original Issue Date date hereof to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this section 3) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 6 and 7 hereofsections 4, 5 or 6.
Appears in 1 contract
Sources: Series a Convertible Preferred Stock and Warrant Purchase Agreement (Medical Sterilization Inc)
Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etcEtc. In case at any time or from time to time after the Original Issue Date ---------------------- date of this Agreement the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor,
(a) other or additional stock or other securities or property (other than cash) by way of dividend, or
(b) any cash, or
(c) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement, thenother than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock split (adjustments in respect of which are provided for in Section 3.06) and normal cash dividends, then and in each such case, the case each holder of this Warranta Note, upon on the exercise hereof conversion thereof as provided in Section 3this Article III, shall be entitled to receive the amount of stock and other securities and property which (including cash in the cases referred to in clauses (b) and (c) of this Section 3.07) that such holder would hold on the date of such exercise conversion if on the Original Issue Date he date thereof it had been the holder of record of the number of shares of Common Stock called for on that it would have received had its Note been converted into Common Stock immediately before the face date of this Warrant such event to and including the Conversion Date (as that term is defined in Section 3.11), and had thereafter, during the period from the Original Issue Date date hereof to and including the date of such exerciseconversion, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in clauses (b) and (c) of this Section 3.07) receivable by him it as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 6 and 7 hereofunder this Article III.
Appears in 1 contract
Sources: Subordinated Convertible Note Purchase Agreement (Photoelectron Corp)
Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. In case If at any time or from time to time after the Original Issue Date time, the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor,
(a) other or additional stock or other securities or property (other than cash) by way of dividend, or
(b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or
(c) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement, thenother than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock-split (adjustments in respect of which are provided for in Section 5), then and in each such casecase the Holder, the holder of this Warrant, upon on the exercise hereof as provided in Section 31, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in clauses (b) and (c) of this Section 3) which such holder would hold on the date of such exercise if on the Original Issue Date date hereof he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the Original Issue Date date hereof to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in clauses (b) and (c) of this Section 3) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 6 4 and 7 hereof5.
Appears in 1 contract
Sources: Common Stock Purchase Warrant (Oneworld Systems Inc)
Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. In case at any time or from time to time after the Original Issue Date time, the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor,
(a) other or additional stock or other securities or property (other than cash) by way of dividend, or
(b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or
(c) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement, thenother than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock split, then and in each such case, case the holder of this Warrant, upon on the exercise hereof as provided in Section 3section 1, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this section 3) which such holder would hold on the date of such exercise if on the Original Issue Date date hereof he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the Original Issue Date date hereof to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this section 3) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 6 and 7 hereofsection 4.
Appears in 1 contract
Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. In case at any time or from time to time after the Original Issue Date time, the holders of ---------------------- Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor,
(a) other or additional stock or other securities or property (other than cash) by way of dividend, or
(b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or
(c) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement, thenother than additional shares of Common Stock issued as a stock dividend or in a stock-split (adjustments in respect of which are provided for in Section 5.3), then and in each such case, case the holder of this Warrant, upon on the exercise hereof as provided in Section 31, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in clauses (b) and (c) of this Section 3) which such holder would hold on the date of such exercise if on the Original Issue Date date hereof he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the Original Issue Date date hereof to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in clauses (b) and (c) of this Section 3) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 6 4 and 7 hereof5.
Appears in 1 contract
Sources: Common Stock Purchase Warrant (Asymetrix Learning Systems Inc)
Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. In case at any time or from time to time after the Original Issue Date time, the holders of Common Stock (or Other Securities) in their capacity as such shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor,
(a) other or additional stock or other securities or property (other than cash) by way of dividend, or
or (b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or (c) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement, thenother than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock-split (adjustments in respect of which are provided for in Section 5), then and in each such case, case the holder of this Warrant, upon on the exercise hereof as provided in Section 31, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) which such holder would hold on the date of such exercise if on the Original Issue Date date hereof he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the Original Issue Date date hereof to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 6 4 and 7 hereof5.
Appears in 1 contract
Sources: Credit Agreement (Wpi Group Inc)
Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. In case at any time or from time to time after the Original Issue Date time, the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor,
(a) other or additional stock or other securities or property (other than cash) by way of dividend, or
(b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or
(c) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-offspinoff, split-upsplitup, reclassification, recapitalization, combination of shares or similar corporate rearrangement, then, other than additional shares of Common Stock issued as a stock dividend or in a stock split then and in each such case, case the holder of this Warrant, upon on the exercise hereof as provided in Section 31, shall be entitled to receive the amount of stock and other securities and property which that such holder would hold on the date of such exercise if on the Original Issue Date he date hereof it had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the Original Issue Date date hereof to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 6 and 7 hereofsuch.
Appears in 1 contract
Sources: Common Stock Purchase Warrant (Silverado Foods Inc)
Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etcEtc. In case at any time or from time to time after the Original Issue Date date ---------------------- of this Agreement the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor,
(a) other or additional stock or other securities or property (other than cash) by way of dividend, or
(b) any cash, or
(c) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement, thenother than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock split (adjustments in respect of which are provided for in Section 3.06) and normal cash dividends, then and in each such case, case the holder of this Warrantthe Note, upon on the exercise hereof conversion thereof as provided in Section 3this Article III, shall be entitled to receive the amount of stock and other securities and property which (including cash in the cases referred to in clauses (b) and (c) of this Section 3.07) that such holder would hold on the date of such exercise conversion if on the Original Issue Date he date thereof it had been the holder of record of the number of shares of Common Stock called for on that it would have received had the face Note been converted into Common Stock immediately before the date of this Warrant such event to and including the Conversion Date (as that term is defined in Section 3.11), and had thereafter, during the period from the Original Issue Date date hereof to and including the date of such exerciseconversion, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in clauses (b) and (c) of this Section 3.07) receivable by him it as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 6 and 7 hereofunder this Article III.
Appears in 1 contract
Sources: Convertible Note Purchase Agreement (Photoelectron Corp)
Adjustment for Dividends in Other Stock, Property, etc. ReclassificationRECLASSIFICATION, etcETC. In case at any time or from time to time after the Original Issue Date the holders of Common Stock (or Other Securities) shall have received, received or (on or after the record date fixed for the determination of stockholders eligible to receive) shall have become entitled to receive, receive without payment therefor
(a1) other or additional stock or other securities or property (other than cash) by way of dividend, or
(b2) any cash paid or payable (including, without limitation, by way of dividend other than a dividend payable out of earned surplus of the Company), or
(3) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement, then, and in each such case, case the holder record owner of this Warrant, upon the exercise hereof as provided in Section section 3, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this section 5) which such holder record owner would hold on the date of such exercise if on the Original Issue Date he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the Original Issue Date to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this section 5) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections section 6 and 7 hereof.
Appears in 1 contract
Sources: Securities Purchase Agreement (BMP Mobility Ag Venture Capital)
Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. In case at any time or from time to time after the Original Issue Date date hereof, the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders eligible to receive) shall have become entitled to receive, without payment therefor
, (a) other or additional stock or other securities or property (other than cash) by way of dividend, or
or (b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or (c) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate corporation rearrangement, thenother than additional shares of Common Stock issued as a stock dividend or in a stock-split (adjustments in respect of which are provided for in Section 6), then and in each such casecase the Holder, the holder of this Warrant, upon on the exercise or conversion hereof as provided in Section 31, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) which such holder the Holder would hold on the date of such exercise or conversion if on the Original Issue Date he date hereof such Holder had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the Original Issue Date to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 6 and 7 hereof.holder
Appears in 1 contract
Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. In case at any time or from time to time after the Original Issue Date time, the holders of ---------------------- Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor,
(a) other or additional stock or other securities or property (other than cash) by way of dividend, or
(b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or
(c) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangementrearrangement other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock-split (adjustments in respect of which are provided for in Section 5), then, then and in each such case, case the holder of this Warrant, upon on the exercise hereof as provided in Section 31, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) which such holder would hold on the date of such exercise if on the Original Issue Date date hereof he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the Original Issue Date date hereof to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property properly (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 6 4 and 7 hereof5.
Appears in 1 contract
Sources: Warrant Agreement (Hyseq Inc)
Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. In case at any time or from time to time after time, the Original Issue Date the holders Holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor:
(a) other or additional stock or other securities or property (other than cash) by way of dividend, or
(b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or
(c) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement, thenother than additional shares of Common Stock issued as a stock dividend or in a stock-split, then and in each such casecase each Holder of a Convertible Debenture, on the holder of this Warrant, upon the exercise hereof conversion thereof as provided in Section 3this Article IA, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 1A.07) which such holder Holder would hold on the date of such exercise conversion if on the Original Issue Date date hereof he had been the holder Holder of record of the number of shares of Common Stock called for on the face issuable upon conversion of this Warrant such Convertible Debenture and had thereafter, during the period from the Original Issue Date date hereof to and including the date of such exerciseconversion, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 1A.07) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 6 and 7 hereofunder this Article IA.
Appears in 1 contract
Sources: Convertible Debenture Purchase Agreement (Kennedy Wilson Inc)
Adjustment for Dividends in Other Stock, Property, etc. ReclassificationRECLASSIFICATION, etcETC. In case at any time or from time to time after the Original Issue Date the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders eligible to receive) shall have become entitled to receive, without payment thereforthereof
(a) other or additional stock or other securities or property (other than cash) by way of dividend, or
(b) any cash paid or payable (including, without limitation, by way of dividend), except out of earned surplus of the Company, or
(c) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate corporation rearrangement, then, and in each such case, the holder of this Warrant, upon the exercise hereof as provided in Section 3, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 5 which such holder would hold on the date of such exercise if on the Original Issue Date he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the Original Issue Date to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 5) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 6 and 7 hereof7.
Appears in 1 contract
Sources: Asset Acquisition Agreement (Advanced Radio Telecom Corp)
Adjustment for Dividends in Other Stock, Property, etc. ReclassificationRECLASSIFICATION, etcETC. In case at any time or from time to time after the Original Issue Date time, the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor,
(a) other or additional stock or other securities or property (other than cash) by way of dividend, or (b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or
(bc) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement, thenother than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock split (adjustments in respect of which are provided for in Section 6), then and in each such case, case the holder of this Warrant, upon on the exercise hereof as provided in Section 31, shall be entitled to receive the amount of stock and other securities and property which (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) that such holder would hold on the date of such exercise if on the Original Issue Date he date hereof it had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the Original Issue Date date hereof to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 6 4 and 7 hereof6.
Appears in 1 contract
Sources: Common Stock Purchase Warrant (Touch Tone America Inc)
Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. In case at any time or from time to time after the Original Issue Date time, the holders of Common Stock (or Other Securities) in their capacity as such shall have received, or (on or after the record date fixed for the determination of stockholders shareholders eligible to receive) shall have become entitled to receive, without payment therefor,
(a) other or additional stock or other securities or property (other than cash) by way of dividend, or
(b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or
(c) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement, other than additional shares of Common Stock (orOther Securities) issued as a stock dividend or in a stock-split (adjustments in respect of which are provided for in Section 5), then, and in each such case, the holder of this Warrant, upon on the exercise hereof as provided in Section 31, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) which such holder would hold on the date of such exercise if on the Original Issue Date date hereof he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the Original Issue Date date hereof to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) receivable by him as aforesaid during such period, giving effect to effectto all adjustments called for during such period by Sections 6 4 and 7 hereof5.
Appears in 1 contract
Sources: Warrant Agreement (Allard Gerald R)
Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. In case at any time or from time to time after the Original Issue Date time, the holders of Common Stock (or Other Securities) in their capacity as such shall have received, or (on or after the record date fixed for the determination of stockholders eligible to receive) shall have become entitled to receive, without payment therefor,
(a) other or additional stock or other securities or property (other than cash) by way of dividend, or
(b) any cash (excluding cash dividends payable solely out of earnings or earned surplus of the Company), or
(c) other or additional (or less) stock or other securities or property other than (including cash) by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangement, thenother than additional shares of Common Stock issued as a stock dividend or in a stock-split (adjustments in respect of which are provided for in Section 5), then and in each such case, case the holder of this Warrant, upon on the exercise hereof as provided in Section 31, shall be entitled to receive the amount of stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) which such holder would hold on the date of such exercise if on the Original Issue Date date hereof he had been the holder of record of the number of shares of Common Stock called for on the face of this Warrant and had thereafter, during the period from the Original Issue Date date hereof to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property (including cash in the cases referred to in subdivisions (b) and (c) of this Section 3) receivable by him as aforesaid during such period, giving effect to all adjustments called for during such period by Sections 6 4 and 7 hereof5.
Appears in 1 contract
Sources: Warrant Agreement (Chemed Corp)
Adjustment for Dividends in Other Stock, Property, etc. Reclassification, etc. In case at any time or from time to time after the Original Issue Date the holders of Common Stock (or Other Securities) shall have received, or (on or after the record date fixed for the determination of stockholders eligible COMMON STOCK PURCHASE WARRANT NO. 1 - Page 14 (AutoBond Acceptance Corporation) to receive) shall have become entitled to receive, without payment therefor
, other or additional stock or other securities or property by way of dividend or any cash (a) excluding cash dividends payable solely out of earnings or earned surplus of the Company), or other or additional stock or other securities or property (other than including cash) by way of dividend, or
(b) other or additional (or less) stock or other securities or property other than by way of spin-off, split-up, reclassification, recapitalization, combination of shares or similar corporate rearrangementrearrangement other than additional shares of Common Stock (or Other Securities) issued as a stock dividend or in a stock split (adjustments in respect of which are provided for in Section 5), then, then and in each such caseevent, the holder Holder of this Warrant, upon on the exercise hereof as provided in Section 3, 1 shall be entitled to receive the amount of stock and other securities and property which such holder that the Holder would hold have been entitled to receive on the effective date of such exercise event if on the Original Issue Date he Holder had been the holder of record of the number of shares of Common Stock called for on the face of so exercised this Warrant and had thereafter, during the period from the Original Issue Date to and including the date of such exercise, retained such shares and all such other or additional (or less) stock and other securities and property receivable by him as aforesaid during such periodimmediately prior thereto, giving effect to all adjustments called for during such period by Sections 6 4 and 7 hereof5.
Appears in 1 contract
Sources: Securities Purchase Agreement (Autobond Acceptance Corp)