Common use of Adjustment of Exercise Price Clause in Contracts

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issued.

Appears in 6 contracts

Sources: Securities Purchase Agreement (Dpac Technologies Corp), Securities Agreement (Innovative Companies Inc), Securities Agreement (Tasker Capital Corp)

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective a consideration per share of less than the then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issued.

Appears in 5 contracts

Sources: Security Agreement (Eresource Capital Group Inc), Securities Agreement (North American Technologies Group Inc /Mi/), Securities Agreement (RCG Companies Inc)

Adjustment of Exercise Price. If and whenever In the Company issues or sells, or in accordance with event that the consideration per share (determined pursuant to Section 11(b)(ii7(c)(v) hereof is deemed to have issued or sold, any shares hereof) for an Additional Share of Common Stock for an effective consideration per share of issued or deemed to be issued by the Company is less than the Fair Market Value (as defined in Section 7(e) hereof) on the date of the issue of such Additional Share of Common Stock, then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price and the number of shares shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issuedadjusted as provided herein.

Appears in 4 contracts

Sources: Stock Purchase Warrant (Teltronics Inc), Stock Purchase Warrant (Teltronics Inc), Warrant Agreement (Teltronics Inc)

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, sells any shares of Common Stock for an effective a consideration per share of less than the then the Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever such shares of Common Stock or Common Stock Capital Share Equivalents are issued.

Appears in 4 contracts

Sources: Private Placement Subscription Agreement (Eden Energy Corp), Private Placement Subscription Agreement (Eden Energy Corp), Private Placement Subscription Agreement (Eden Energy Corp)

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii8(b) hereof is deemed to have issued or sold, any shares of Common Stock for an effective a consideration per share of less than the then the Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever such shares of Common Stock or Common Stock Capital Share Equivalents are issued.

Appears in 4 contracts

Sources: Security Agreement (Smartire Systems Inc), Security Agreement (Smartire Systems Inc), Placement Fee Payment and Subscription Agreement (Smartire Systems Inc)

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issued.

Appears in 4 contracts

Sources: Securities Purchase Agreement (World Health Alternatives Inc), Securities Purchase Agreement (World Health Alternatives Inc), Security Agreement (World Health Alternatives Inc)

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price Price, or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issued.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Sunburst Acquisitions Iv Inc), Securities Agreement (Sunburst Acquisitions Iv Inc), Securities Agreement (Sunburst Acquisitions Iv Inc)

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii10(b) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to a price equal to the Base Share Price (the “Adjusted Exercise Price”). Such adjustment shall be made whenever such shares of Common Stock or Common Stock Equivalents are issued.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Emerge Interactive Inc), Warrant Agreement (Emerge Interactive Inc)

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective a consideration per share of less than the then Exercise Price Price, or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to a price equal to the Base Share Price. Such adjustment shall be made whenever shares of Common Stock such Capital Shares or Common Stock Equivalents Capital Shares Equivalent are issued.

Appears in 2 contracts

Sources: Security Agreement (Paincare Holdings Inc), Security Agreement (Paincare Holdings Inc)

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issued.

Appears in 2 contracts

Sources: Securities Agreement (Us Energy Corp), Security Agreement (Validian Corp)

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii11(b) hereof is deemed to have issued or sold, sold any shares of Common Stock for an effective a consideration per share of less than the then Exercise Price or for no consideration (such lower price, the "Base Share PriceBASE SHARE PRICE" and such issuances collectively, a "Dilutive IssuanceDILUTIVE ISSUANCE"), then, the Exercise Price shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever such shares of Common Stock or Common Stock Capital Share Equivalents are issued.

Appears in 2 contracts

Sources: Securities Agreement (Us Dataworks Inc), Securities Agreement (Us Dataworks Inc)

Adjustment of Exercise Price. If and whenever the Company issues or ------------------------------ sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), ------------------ ----------------- then, the Exercise Price shall be reduced to equal the Base Share Price. Such --- adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issued.

Appears in 2 contracts

Sources: Securities Agreement (Network Installation Corp), Securities Agreement (Network Installation Corp)

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price Price, or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, then the Exercise Price shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever such shares of Common Stock or Common Stock Equivalents are issued.

Appears in 1 contract

Sources: Securities Agreement (Raser Technologies Inc)

Adjustment of Exercise Price. If and whenever during the Adjustment Period, the Company issues or sells, or in accordance with this Section 11(b)(ii11(b) hereof is deemed to have issued or sold, any shares of Common Stock (excluding Excluded Securities) for an effective a consideration per share of (the “New Securities Issuance Price”) less than a price (the then “Applicable Price”) equal to the Exercise Price in effect immediately prior to such time, then immediately after such issue or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), thensale, the Exercise Price then in effect shall be reduced to an amount equal to the Base Share New Securities Issuance Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issued.

Appears in 1 contract

Sources: Security Agreement (I2 Telecom International Inc)

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issued.. <PAGE>

Appears in 1 contract

Sources: Security Agreement (Mines Management Inc)

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to equal the such Base Share Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issued.

Appears in 1 contract

Sources: Securities Agreement (Riviera Tool Co)

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii11(b) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to a price equal to the Base Share Price. Such adjustment shall be made whenever such shares of Common Stock or Common Stock Equivalents are issued.

Appears in 1 contract

Sources: Common Stock Purchase Warrant (Emerge Interactive Inc)

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective a consideration per share of less than the then Exercise Price (the “Base Share Price”) or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), thenthen effective immediately upon the Dilutive Issuance, the Exercise Price shall will be reduced to so that the Exercise Price will equal the Base Share Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issued.

Appears in 1 contract

Sources: Stock Purchase Warrant (Summus Inc Usa)

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii11(b) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to a price equal to the Base Share Price. Such adjustment shall be made whenever such shares of Common Stock or Common Stock Equivalents are issued.

Appears in 1 contract

Sources: Securities Agreement (Emagin Corp)

Adjustment of Exercise Price. If and whenever In the Company issues or sells, or in accordance with event that the consideration per share (determined pursuant to Section 11(b)(ii7(c)(v) hereof is deemed to have issued or sold, any shares hereof) for an Additional Share of Common Stock for an effective consideration per share of issued or deemed to be issued by the Company is less than the then Exercise Price or for no consideration (such lower pricein effect on the date of, and immediately prior to, the "Base issue of such Additional Share Price" and such issuances collectivelyof Common Stock, a "Dilutive Issuance"), then, then the Exercise Price and the number of shares shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issuedadjusted as provided herein.

Appears in 1 contract

Sources: Debenture Purchase Agreement (Berger Holdings LTD)

Adjustment of Exercise Price. If and whenever In the Company issues or sells, or in accordance with event that the consideration per share (determined pursuant to Section 11(b)(ii8(c)(v) hereof is deemed to have issued or sold, any shares hereof) for an Additional Share of Common Stock for an effective consideration per share of issued or deemed to be issued by the Company is less than the Fair Market Value (as defined in Section 8(e) hereof) on the date of the issue of such Additional Share of Common Stock, then Exercise Price or for no consideration (such lower price, the "Base Share Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price and the number of shares shall be reduced to equal the Base Share Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issuedadjusted as provided herein.

Appears in 1 contract

Sources: Stock Purchase Warrant (Galaxy Foods Co)

Adjustment of Exercise Price. If and whenever the Company issues or sells, or in accordance with Section 11(b)(ii) hereof is deemed to have issued or sold, any shares of Common Stock for an effective consideration per share of less than the then Exercise Price or for no consideration (such lower price, the "Base Share “Applicable Price" and such issuances collectively, a "Dilutive Issuance"), then, the Exercise Price shall be reduced to equal the Base Share Applicable Price. Such adjustment shall be made whenever shares of Common Stock or Common Stock Equivalents are issued.

Appears in 1 contract

Sources: Security Agreement (I2 Telecom International Inc)