Common use of Adjustment for Other Dividends and Distributions Clause in Contracts

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), or (b) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Stock issuable upon such exercise prior to such date, the securities or such other assets of the Company to which the Holder would have been entitled upon such date if the Holder had exercised this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant).

Appears in 24 contracts

Sources: Warrant Agreement (Icm Asset Management Inc/Wa), Warrant Agreement (Aura Systems Inc), Warrant Agreement (Icm Asset Management Inc/Wa)

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), Sections 5.1 or 5.3) or (b) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Stock issuable upon such exercise prior to such date, the securities or such other assets of the Company to which the Holder would have been entitled upon such date if the Holder had exercised this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant).

Appears in 6 contracts

Sources: Warrant Agreement (Wealthfront Corp), Warrant Agreement (WEALTHFRONT Corp), Note and Warrant Purchase Agreement (Laredo Oil, Inc.)

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, receive a dividend or other distribution payable with respect to the Warrant Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), 5.1 or Section 5.3) or (b) assets (other than cash dividends paid cash) which dividend or payable solely out of retained earningsdistribution is actually made (each a “Dividend Event”), then, and in each such case, the Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such eventDividend Event, shall receive, in addition to the shares of Warrant Stock issuable upon such exercise prior to such dateStock, the securities or such other assets of the Company to which the Holder that would have been entitled upon such date payable to Holder if the Holder had exercised completed such exercise of this Warrant Warrant, immediately prior thereto (all subject to further adjustment as provided in this Warrant)such Dividend Event.

Appears in 5 contracts

Sources: Warrant Agreement (Interactive Strength, Inc.), Warrant Agreement (Silk Road Medical Inc), Warrant Agreement (Silk Road Medical Inc)

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1section 4.2), or (b) assets (other than cash dividends paid or payable solely out of retained earnings)assets, then, and in each such case, the Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Stock issuable upon such exercise prior to such date, the securities or such other assets of the Company to which the Holder would have been entitled upon such date if the Holder had exercised this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant).

Appears in 5 contracts

Sources: Common Stock and Warrant Purchase Agreement (KFX Inc), Warrant Agreement (Westcliff Capital Management LLC/Ca), Warrant Agreement (Westcliff Capital Management LLC/Ca)

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), Sections 4.1 or 4.3) or (b) assets (other than including cash dividends paid or payable solely out of retained earnings), then, and in each such case, the Warrant Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Stock issuable upon such exercise prior to such date, the securities or such other assets of the Company to which the Warrant Holder would have been entitled upon such date if the Warrant Holder had exercised this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant).

Appears in 4 contracts

Sources: Warrant Agreement (Acorn Holding Corp), Warrant Agreement (Acorn Holding Corp), Warrant Agreement (Acorn Holding Corp)

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), Sections 4.1 or 4.3) or (b) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the Warrant Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Stock issuable upon such exercise prior to such date, the securities or such other assets of the Company to which the Warrant Holder would have been entitled upon such date if the Warrant Holder had exercised this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant).

Appears in 4 contracts

Sources: Warrant Agreement (Ariel Way Inc), Warrant Agreement (Ariel Way Inc), Warrant Agreement (Netfran Development Corp)

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Common Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), or (b) assets (other than cash dividends paid or payable solely out of retained earnings)assets, then, and in each such case, the Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Stock issuable upon such exercise prior to such date, the securities or such other assets of the Company to which the Holder would have been entitled upon such date if the Holder had exercised this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant). Notwithstanding the foregoing, no adjustment in respect of any cash dividends paid by the Company will be made during the term of this Warrant or upon the exercise of this Warrant.

Appears in 3 contracts

Sources: Contingent Convertible Note Purchase Agreement (Diedrich Coffee Inc), Warrant Agreement (Diedrich Coffee Inc), Warrant Agreement (Diedrich Coffee Inc)

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Common Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), Sections 4.1 or 4.3) or (b) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Common Stock issuable upon such exercise prior to such date, the securities or such other assets of the Company to which the Holder would have been entitled upon such date if the Holder had exercised this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant).

Appears in 3 contracts

Sources: Warrant Agreement (Neuro-Hitech Pharmaceuticals Inc), Warrant Agreement (Neuro-Hitech Pharmaceuticals Inc), Warrant Agreement (Neuro-Hitech, Inc.)

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, receive a dividend or other distribution payable with respect to the Warrant Stock Units that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), 5.1 or Section 5.3 hereof) or (b) assets (other than cash dividends paid cash) which dividend or payable solely out of retained earningsdistribution is actually made (each a “Dividend Event”), then, and in each such case, the Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such eventDividend Event, shall receive, in addition to the shares of Warrant Stock issuable upon such exercise prior to such dateUnits, the securities or such other assets of the Company to which the Holder that would have been entitled upon such date payable to Holder if the Holder had exercised completed such exercise of this Warrant Warrant, immediately prior thereto (all subject to further adjustment as provided in this Warrant)such Dividend Event.

Appears in 2 contracts

Sources: Warrant Agreement (DiCE MOLECULES HOLDINGS, LLC), Warrant Agreement (DiCE MOLECULES HOLDINGS, LLC)

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, receive a dividend or other distribution payable with respect to the Warrant Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), 5.1(a) or Section 5.3) or (b) assets (other than cash dividends paid cash) which dividend or payable solely out of retained earningsdistribution is actually made (each a “Dividend Event”), then, and in each such case, the Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such eventDividend Event, shall receive, in addition to the shares of Warrant Stock issuable upon such exercise prior to such dateStock, the securities or such other assets of the Company to which the Holder that would have been entitled upon such date payable to Holder if the Holder had exercised completed such exercise of this Warrant Warrant, immediately prior thereto (all subject to further adjustment as provided in this Warrant)such Dividend Event.

Appears in 2 contracts

Sources: Warrant Agreement (Robinhood Markets, Inc.), Warrant Agreement (Robinhood Markets, Inc.)

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), Sections 5.1 or 5.3 hereof) or (b) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Stock issuable upon such exercise prior to such date, the securities or such other assets of the Company to which the Holder would have been entitled upon such date if the Holder had exercised this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant).

Appears in 2 contracts

Sources: Warrant Agreement (LendingClub Corp), Warrant Agreement (LendingClub Corp)

Adjustment for Other Dividends and Distributions. In case the event that the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), Sections 4.1 or 4.3) or (b) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Stock issuable upon such exercise prior to such date, the securities or such other assets of the Company to which the Holder would have been entitled upon such date if the Holder had exercised this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant).

Appears in 2 contracts

Sources: Note Purchase Agreement (Panther Expedited Services, Inc.), Warrant Agreement (Panther Expedited Services, Inc.)

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), Sections 4.1 or 4.3 ) or (b) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the Warrant Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Stock issuable upon such exercise prior to such date, the securities or such other assets of the Company to which the Warrant Holder would have been entitled upon such date if the Warrant Holder had exercised this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant).

Appears in 2 contracts

Sources: Warrant Agreement (Ariel Way Inc), Warrant Agreement (Ariel Way Inc)

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), or (b) assets (other than cash dividends paid or payable solely out of retained earnings)assets, then, and in each such case, the Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Stock issuable upon such exercise prior to such date, the securities or such other assets of the Company to which the Holder would have been entitled upon such date if the Holder had exercised this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant).

Appears in 2 contracts

Sources: Common Stock and Warrant Purchase Agreement (KFX Inc), Common Stock and Warrant Purchase Agreement (KFX Inc)

Adjustment for Other Dividends and Distributions. In case the ------------------------------------------------ Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), or (b) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the HolderRegistered Holder of this Warrant, upon on exercise of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Stock (or such other stock or securities) issuable upon on such exercise prior to such date, the securities or such other assets of the Company to which the such Registered Holder would have been entitled upon such date if the such Registered Holder had exercised this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant).

Appears in 2 contracts

Sources: Consent to Sublease (Extricity Inc), Convertible Note and Warrant Purchase Agreement (Lexar Media Inc)

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Stock capital stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.13(c)(i), or (b) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the Holder, upon exercise conversion of this Warrant Debenture at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Common Stock issuable upon such exercise prior to such date, the securities or such other assets of the Company to which the Holder would have been entitled upon such date if the Holder had exercised converted this Warrant Debenture immediately prior thereto (all subject to further adjustment as provided in this WarrantDebenture).

Appears in 2 contracts

Sources: Debenture Agreement (Pet Airways Inc.), Debenture Agreement (American Antiquities, Inc.)

Adjustment for Other Dividends and Distributions. In case the ------------------------------------------------ Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.15.1), or (b) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Stock issuable upon such exercise prior to such date, the securities or such other assets of the Company to which the Holder would have been entitled upon such date if the Holder had exercised this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant).

Appears in 1 contract

Sources: Note and Warrant Purchase Agreement (Lexar Media Inc)

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with in respect to the Warrant Common Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), Sections 4.1 or 4.3) or (b) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Stock issuable upon such exercise prior to such date, the securities or such other assets of the Company to which the Holder would have been entitled upon such date if the Holder had exercised this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant).

Appears in 1 contract

Sources: Warrant Agreement (Mobilepro Corp)

Adjustment for Other Dividends and Distributions. In case the Company ------------------------------------------------ shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), or (b) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the HolderRegistered Holder of this Warrant, upon on exercise of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Stock (or such other stock or securities) issuable upon on such exercise prior to such date, the securities or such other assets of the Company to which the such Registered Holder would have been entitled upon such date if the such Registered Holder had exercised this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant).

Appears in 1 contract

Sources: Consent to Sublease (Extricity Inc)

Adjustment for Other Dividends and Distributions. In case the ------------------------------------------------ Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Stock that is Shares payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), or (b) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the Warrant Holder, upon on exercise of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Stock Shares (or such other stock or securities) issuable upon on such exercise prior to such date, the securities or such other assets of the Company to which the such Warrant Holder would have been entitled upon such date if the such Warrant Holder had exercised this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant).

Appears in 1 contract

Sources: Note and Warrant Credit Agreement (Silicon Valley Research Inc)

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Stock capital stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), or (b) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the Holder, upon exercise conversion of this Warrant Note at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Conversion Stock issuable upon such exercise prior to such date, the securities or such other assets of the Company to which the Holder would have been entitled upon such date if the Holder had exercised converted this Warrant Note immediately prior thereto (all subject to further adjustment as provided in this WarrantNote).

Appears in 1 contract

Sources: Convertible Promissory Note (Network Cn Inc)

Adjustment for Other Dividends and Distributions. In case the Company Borrower shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Conversion Stock that is payable in (aA) securities of the Company Borrower (other than issuances with respect to which adjustment is made under Section 4.1III(b)(i), or (bB) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the Holder, upon exercise conversion of this Warrant Note at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Conversion Stock issuable upon such exercise prior to such date, the securities or such other assets of the Company Borrower to which the Holder would have been entitled upon such date if the Holder had exercised converted this Warrant Note immediately prior thereto (all subject to further adjustment as provided in this WarrantNote).

Appears in 1 contract

Sources: Merger Agreement (Broadbase Software Inc)

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Common Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), Sections 4.1 or 4.3) or (b) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Stock Shares issuable upon such exercise prior to such date, the securities or such other assets of the Company to which the Holder would have been entitled upon such date if the Holder had exercised this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant).

Appears in 1 contract

Sources: Stock Purchase Warrant (Neuro-Hitech Pharmaceuticals Inc)

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the shares purchasable upon exercise of this Warrant Stock that is payable in (ai) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.16(a)), or (bii) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Company Stock issuable upon such exercise prior to such date, the securities or such other assets of the Company to which the Holder would have been entitled upon such date if the Holder had exercised this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant).

Appears in 1 contract

Sources: Warrant Agreement (Genome Therapeutics Corp)

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Stock Stock, that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), or (b) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the Holder, upon exercise or conversion of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Stock issuable upon such exercise or conversion prior to such date, the securities or such other assets of the Company to which the Holder would have been entitled upon such date if the Holder had exercised or converted this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant).

Appears in 1 contract

Sources: Warrant Agreement

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.15.1), or (b) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Stock issuable upon such exercise prior to such date, the securities or such other assets of the Company to which the Holder would have been entitled upon such date if the Holder had exercised this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant).

Appears in 1 contract

Sources: Warrant Agreement (SuccessFactors, Inc.)

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, receive a dividend or other distribution payable with respect to the Warrant Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), 5.1 or Section 5.3 hereof) or (b) assets (other than cash dividends paid cash) which dividend or payable solely out of retained earningsdistribution is actually made (each a “Dividend Event”), then, and in each such case, the Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such eventDividend Event, shall receive, in addition to the shares of Warrant Stock issuable upon such exercise prior to such dateStock, the securities or such other assets of the Company to which the Holder that would have been entitled upon payable to Holder if ▇▇▇▇▇▇ had completed such date if the Holder had exercised exercise of this Warrant Warrant, immediately prior thereto (all subject to further adjustment as provided in this Warrant)such Dividend Event.

Appears in 1 contract

Sources: Warrant Agreement (MNTN, Inc.)

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, receive a dividend or other distribution payable with respect to the Warrant Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), 5.1 or Section 5.3 hereof) or (b) assets (other than cash dividends paid cash) which dividend or payable solely out of retained earningsdistribution is actually made (each a “Dividend Event”), then, and in each such case, the Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such eventDividend Event, shall receive, in addition to the shares of Warrant Stock issuable upon such exercise prior to such dateStock, the securities or such other assets of the Company to which the Holder that would have been entitled upon such date payable to Holder if the Holder had exercised completed such exercise of this Warrant Warrant, immediately prior thereto (all subject to further adjustment as provided in this Warrant)such Dividend Event.

Appears in 1 contract

Sources: Warrant Agreement (Graybug Vision, Inc.)

Adjustment for Other Dividends and Distributions. In case the ------------------------------------------------ Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Conversion Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), ) or (b) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the Holder, upon exercise conversion of this Warrant Note at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Conversion Stock issuable upon such exercise prior to such date, the securities or such other assets of the Company to which the Holder would have been entitled upon such date if the Holder had exercised converted this Warrant Note immediately prior thereto (all subject to further adjustment as provided in this WarrantNote).

Appears in 1 contract

Sources: Convertible Note and Warrant Purchase Agreement (Lexar Media Inc)

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), Sections 0 or 0) or (b) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the Warrant Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Stock issuable upon such exercise prior to such date, the securities or such other assets of the Company to which the Warrant Holder would have been entitled upon such date if the Warrant Holder had exercised this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant).

Appears in 1 contract

Sources: Warrant Agreement (Ariel Way Inc)

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under a stock split, combination, reclassification, recapitalization or dividend provided for in Section 4.1), 4.1 above or (ba Change of Control provided for in the preamble of this Warrant) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the HolderHolder of this Warrant, upon on exercise of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Stock (or such other stock or securities) issuable upon on such exercise prior to such date, the securities or such other assets of the Company to which the such Holder would have been entitled upon such date if the such Holder had exercised this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant)thereto.

Appears in 1 contract

Sources: Warrant Agreement (Salmedix Inc)

Adjustment for Other Dividends and Distributions. In case the Company shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with in respect to the Warrant Common Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1), Sections 5.1 or 5.3) or (b) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Common Stock issuable upon such exercise prior to such date, the securities or such other assets of the Company to which the Holder would have been entitled upon such date if the Holder had exercised this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant).

Appears in 1 contract

Sources: Warrant Agreement (Iron Mining Group, Inc.)

Adjustment for Other Dividends and Distributions. In case the Company ------------------------------------------------ shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, a dividend or other distribution payable with respect to the Warrant Stock that is payable in (a) securities of the Company (other than issuances with respect to which adjustment is made under Section 4.1section 4.2), or (b) assets (other than cash dividends paid or payable solely out of retained earnings)assets, then, and in each such case, the Holder, upon exercise of this Warrant at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Stock issuable upon such exercise prior to such date, the securities or such other assets of the Company to which the Holder would have been entitled upon such date if the Holder had exercised this Warrant immediately prior thereto (all subject to further adjustment as provided in this Warrant).

Appears in 1 contract

Sources: Common Stock and Warrant Purchase Agreement (KFX Inc)

Adjustment for Other Dividends and Distributions. In case the Company Borrower shall make or issue, or shall fix a record date for the determination of eligible holders entitled to receive, receive a dividend or other distribution payable with respect to the Warrant Conversion Stock that is payable in (aA) securities of the Company Borrower (other than issuances with respect to which adjustment is made under Section 4.1III(b)(i), or (bB) assets (other than cash dividends paid or payable solely out of retained earnings), then, and in each such case, the Holder, upon exercise conversion of this Warrant Note at any time after the consummation, effective date or record date of such event, shall receive, in addition to the shares of Warrant Conversion Stock issuable upon such exercise prior to such date, the securities or such other assets of the Company Borrower to which the Holder would have been entitled upon such date if the Holder had exercised converted this Warrant Note immediately prior thereto (all subject to further adjustment as provided in this WarrantNote).

Appears in 1 contract

Sources: Merger Agreement (Broadbase Software Inc)