Adjustment for Other Dividends and Distributions. If the Company shall at any time or from time to time after the date hereof, make or issue or set a record date for the determination of holders of Common Stock entitled to receive a dividend or other distribution payable in other than shares of Common Stock, then, and in each event, an appropriate revision to the Exercise Price shall be made and provision shall be made (by adjustments of the Exercise Price or otherwise) so that the holder of this Note shall receive upon conversions thereof, in addition to the number of shares of Common Stock receivable thereon, the number of securities of the Company which they would have received had this Note been converted into Common Stock on the date of such event and had thereafter, during the period from the date of such event to and including the date hereof, retained such securities (together with any distributions payable thereon during such period), giving application to all adjustments called for during such period under this Section (c) with respect to the rights of the holders of the Warrant.
Appears in 6 contracts
Sources: Standstill Agreement (Environmental Remediation Holding Corp), Standstill Agreement (Environmental Remediation Holding Corp), Standstill Agreement (Environmental Remediation Holding Corp)
Adjustment for Other Dividends and Distributions. If the Company shall at any time or from time to time after the date hereofIssuance Date, make or issue or set a record date for the determination of holders of Common Stock entitled to receive a dividend or other distribution payable in other than shares of Common Stock, then, and in each event, an appropriate revision to the Exercise Conversion Price shall be made and provision shall be made (by adjustments of the Exercise Conversion Price or otherwise) so that the holder of this Note shall receive upon conversions thereof, in addition to the number of shares of Common Stock receivable thereon, the number of securities of the Company which they would have received had this Note been converted into Common Stock on the date of such event and had thereafter, during the period from the date of such event to and including the date hereofConversion Date, retained such securities (together with any distributions payable thereon during such period), giving application to all adjustments called for during such period under this Section (ciii) with respect to the rights of the holders of the WarrantNote.
Appears in 4 contracts
Sources: Standstill Agreement (Environmental Remediation Holding Corp), Standstill Agreement (Environmental Remediation Holding Corp), Standstill Agreement (Environmental Remediation Holding Corp)
Adjustment for Other Dividends and Distributions. If the Company shall at any time or from time to time after the date hereof, make or issue or set a record date for the determination of holders of Common Stock entitled to receive a dividend or other distribution payable in other than shares of Common Stock, then, and in each event, an appropriate revision to the Exercise Price shall be made and provision shall be made (by adjustments of the Exercise Price or otherwise) so that the holder of this Note Warrant shall receive upon conversions exercise thereof, in addition to the number of shares of Common Stock receivable thereon, the number of securities of the Company which they would have received had this Note Warrant been converted into Common Stock exercised on the date of such event and had thereafter, during the period from the date of such event to and including the date hereof, retained such securities (together with any distributions payable thereon during such period), giving application to all adjustments called for during such period under this Section (c7(c) with respect to the rights of the holders of the Warrant.
Appears in 3 contracts
Sources: Warrant Agreement (Clements Golden Phoenix Enterprises Inc), Warrant Agreement (Clements Golden Phoenix Enterprises Inc), Warrant Agreement (Clements Golden Phoenix Enterprises Inc)
Adjustment for Other Dividends and Distributions. If the Company shall at any time or from time to time after the date hereof, make or issue or set a record date for the determination of holders of Common Stock entitled to receive a dividend or other distribution payable in other than shares of Common Stock, then, and in each event, an appropriate revision to the Exercise Price shall be made and provision shall be made (by adjustments of the Exercise Price or otherwise) so that the holder of this Note shall receive upon conversions thereof, in addition to the number of shares of Common Stock receivable thereon, the number of securities of the Company which they would have received had this Note been converted into Common Stock on the date of such event and had thereafter, during the period from the date of such event to and including the date hereof, retained such securities (together with any distributions payable thereon during such period), giving application to all adjustments called for during such period under this Section (c8(c) with respect to the rights of the holders of the Warrant.
Appears in 3 contracts
Sources: Warrant Agreement (Ip Voice Com Inc), Warrant Agreement (Environmental Remediation Holding Corp), Redeemable Common Stock Purchase Warrant (Surgical Safety Products Inc)
Adjustment for Other Dividends and Distributions. If the Company shall at any time or from time to time after the date hereofIssuance Date, make or issue or set a record date for the determination of holders of Common Stock entitled to receive a dividend or other distribution payable in other than shares of Common Stock, then, and in each event, an appropriate revision to the Exercise Conversion Price shall be made and provision shall be made (by adjustments of the Exercise Conversion Price or otherwise) so that the holder of this Note shall receive upon conversions thereof, in addition to the number of shares of Common Stock receivable thereon, the number of securities of the Company which they would have received had this Note been converted into Common Stock on the date of such event and had thereafter, during the period from the date of such event to and including the date hereofConversion Date, retained such securities (together with any distributions payable thereon during such period), giving application to all adjustments called for during such period under this Section (c5(d)(iii) with respect to the rights of the holders of the WarrantNote.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Environmental Remediation Holding Corp), Convertible Note (Environmental Remediation Holding Corp), Convertible Note (Environmental Remediation Holding Corp)
Adjustment for Other Dividends and Distributions. If the Company shall at any time or from time to time after the date hereofIssuance Date, make or issue or set a record date for the determination of holders of Common Stock entitled to receive a dividend or other distribution payable in other than shares of Common Stock, then, and in each event, an appropriate revision to the Exercise Conversion Price shall be made and provision shall be made (by adjustments of the Exercise Conversion Price or otherwise) so that the holder of this Note shall receive upon conversions thereof, in addition to the number of shares of Common Stock receivable thereon, the number of securities of the Company which they would have received had this Note been converted into Common Stock on the date of such event and had thereafter, during the period from the date of such event to and including the date hereofConversion Date, retained such securities (together with any distributions payable thereon during such period), giving application to all adjustments called for during such period under this Section (c4(c)(iii) with respect to the rights of the holders of the WarrantNote.
Appears in 1 contract
Sources: Convertible Note (Environmental Remediation Holding Corp)
Adjustment for Other Dividends and Distributions. If In the Company shall event the corporation at any time or from time to time after the date hereof, Original Issue Date shall make or issue issue, or set fix a record date for the determination of holders of Common Stock entitled to receive receive, a dividend or other distribution payable in securities of the corporation other than shares of Common Stock, then, then and in each event, an appropriate revision to the Exercise Price such event provisions shall be made and provision shall be made (by adjustments of the Exercise Price or otherwise) so that the holder holders of this Note Convertible Series A shall receive upon conversions conversion thereof, in addition to the number of shares of Common Stock receivable thereon, the number amount of securities of the Company corporation which they would have received had this Note their Convertible Series A been converted into Common Stock on the date of such event and had thereafter, during the period from the date of such event to and including the date hereofconversion date, retained such securities (together with any distributions payable thereon during such period)) receivable by them as aforesaid during such period, giving application to all adjustments called for during such period under this Section paragraph (cd) with respect to the rights of the holders of the Warrant.Convertible Series A.
Appears in 1 contract