Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrants, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend.
Appears in 6 contracts
Sources: Warrant Agreement (Emex Corp), Warrant Agreement (Thorn Tree Resources L L C), Warrant Agreement (Thorn Tree Resources L L C)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion thereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.
Appears in 6 contracts
Sources: Warrant Agreement (Vycor Medical Inc), Warrant Agreement (Vycor Medical Inc), Warrant Agreement (Vycor Medical Inc)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend9.
Appears in 5 contracts
Sources: Securities Purchase Agreement (Tyme Technologies, Inc.), Securities Acquisition Agreement (Tyme Technologies, Inc.), Securities Purchase Agreement (Tyme Technologies, Inc.)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend14.
Appears in 5 contracts
Sources: Warrant Agreement (Bioheart, Inc.), Warrant Agreement (Bioheart, Inc.), Warrant Agreement (Bioheart, Inc.)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend3.
Appears in 4 contracts
Sources: Warrant Agreement (Intelepeer Inc), Warrant Agreement (Intelepeer Inc), Warrant Agreement (Intelepeer Inc)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefortherefore, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares Shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefortherefore, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend10.
Appears in 4 contracts
Sources: Intellectual Property Rights Agreement (Ceres, Inc.), Intellectual Property Rights Agreement (Ceres, Inc.), Warrant Agreement (Ceres, Inc.)
Adjustments for Dividends in Stock or Other Securities or Property. If at any time while Warrants remain this Warrant or any portion hereof remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.
Appears in 4 contracts
Sources: Purchase Agreement (Tellium Inc), Purchase Agreement (Tellium Inc), Brokerage Agreement (Ratexchange Corp)
Adjustments for Dividends in Stock or Other Securities or Property. If If, while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon the exercise of the Warrantsthis Warrant, and without payment of any additional consideration thereforthereof, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less 8. The Company agrees that so long as any portion of this Warrant remains outstanding, it shall not pay any cash dividends on any securities as to which purchase rights under this Warrant exist at the portion, if any, time without providing at least ten days prior written notice of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the such dividend.
Appears in 4 contracts
Sources: Warrant Agreement (Bleach Group, Inc.), Warrant Agreement (WebXU, Inc.), Warrant Agreement (WebXU, Inc.)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion thereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend12.
Appears in 3 contracts
Sources: Warrant Agreement (Datametrics Corp), Warrant Agreement (Datametrics Corp), Warrant Agreement (Datametrics Corp)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend10.
Appears in 3 contracts
Sources: Warrant Agreement (Borderfree, Inc.), Warrant Agreement (Borderfree, Inc.), Warrant Agreement (Denali Concrete Management Inc)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than including cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares Shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than including cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend10.
Appears in 3 contracts
Sources: Convertible Note Purchase Agreement (Ceres, Inc.), Convertible Note Purchase Agreement (Ceres, Inc.), Warrant Agreement (Ceres, Inc.)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, or on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefortherefore, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each such case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments adjustment called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend6.
Appears in 3 contracts
Sources: Warrant Agreement (Mark Capital LLC), Warrant Agreement (Mark Capital LLC), Warrant to Purchase Preferred Stock (Goldman Sachs Group Inc/)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividendperiod.
Appears in 3 contracts
Sources: Warrant Agreement (Hemacare Corp /Ca/), Separation Agreement (Hemacare Corp /Ca/), Warrant Agreement (Hemacare Corp /Ca/)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.
Appears in 3 contracts
Sources: Securities Exchange Agreement (Rto Holdings Inc), Warrant Agreement (Egain Communications Corp), Warrant Agreement (Egain Communications Corp)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Option, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Option exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Option shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Option, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Option on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exerciseevent, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend7.
Appears in 3 contracts
Sources: Employment Agreement (Lubys Inc), Employment Agreement (Lubys Inc), Stock Option Agreement (Lubys Inc)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof of such distribution or such record date and had thereafter, during the period from the date hereof of such distribution or such record date to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend12.
Appears in 2 contracts
Sources: Manufacturing Agreement (Com21 Inc), Manufacturing Agreement (Com21 Inc)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares Shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend10.
Appears in 2 contracts
Sources: Warrant Agreement (Ceres, Inc.), Warrant Agreement (Ceres, Inc.)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock stock, other securities, property or other securities rights or property options to subscribe for or purchase or otherwise acquire any of the foregoing (other than cash) of the Company Company, by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock stock, other securities, property or other securities rights or property options to subscribe for or purchase or otherwise acquire any of the foregoing (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividendSection.
Appears in 2 contracts
Sources: Warrant Agreement (Docent Inc), Marketing Agreement (Docent Inc)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersStockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend.11. ----------
Appears in 2 contracts
Sources: Warrant Agreement (Tomen Corp), Warrant Agreement (Tomen Corp)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefortherefore, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefortherefore, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend4.
Appears in 2 contracts
Sources: Warrant Agreement (Luna Innovations Inc), Warrant Agreement (Luna Innovations Inc)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend9.
Appears in 2 contracts
Sources: Note Purchase and Line of Credit Agreement (Sunpower Corp), Note Purchase and Line of Credit Agreement (Sunpower Corp)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend13.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Fuelcell Energy Inc), Common Stock Warrant (NRG Energy, Inc.)
Adjustments for Dividends in Stock or Other Securities or Property. If If, (i) at any time on or after the Closing and (ii) while Warrants remain this Warrant remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, or on or after the record date fixed for the determination of eligible stockholders, stockholders shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividenddividend or other distribution in respect of the Warrant Stock, then then, and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrants, this Warrant and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.
Appears in 2 contracts
Sources: Asset Purchase Agreement, Asset Purchase Agreement (Generation NEXT Franchise Brands, Inc.)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the then all holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend12.
Appears in 2 contracts
Sources: Warrant Agreement (SPS Commerce Inc), Warrant Agreement (SPS Commerce Inc)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or and all other additional stock available by to it as aforesaid stated above during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend12.
Appears in 2 contracts
Sources: Agreement (Poet Holdings Inc), Agreement (Poet Holdings Inc)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants exist (including without limitation securities Warrant Shares, or any security into which such securities may be converted) at the time Warrant Shares are convertible, shall have received, or, on or after the record date fixed for the determination of eligible stockholderssecurity holders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security Warrant Shares receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder which the Holder of this Warrant would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof thereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock securities available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.
Appears in 2 contracts
Sources: Credit Agreement and Guaranty (Vapotherm Inc), Warrant Agreement (Vapotherm Inc)
Adjustments for Dividends in Stock or Other Securities or Property. If at any time while Warrants remain this Warrant or any portion hereof remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend12.
Appears in 2 contracts
Sources: Brokerage Agreement (Ratexchange Corp), Brokerage Agreement (Ratexchange Corp)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain outstanding this Warrant is exercisable and unexpired, the holders holder of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants this Warrant (or upon such conversion) on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend9.
Appears in 2 contracts
Sources: Warrant Agreement (Gottaplay Interactive, Inc.), Warrant Agreement (Gottaplay Interactive, Inc.)
Adjustments for Dividends in Stock or Other Securities or Property. If If, at any time while Warrants remain this Warrant or any portion thereof remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants exist (including without limitation securities into which such securities may be converted) at the time Company’s Common Stock shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other shares of Common Stock, or additional stock or other securities or property (other than cash) of the Company by way of dividenddividend or other distribution, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder the Holder would hold on the date of such exercise had it been the holder of record of the security Shares receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exerciseevent, retained such shares and/or all other or additional stock available or other securities or property that would have been received by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend9.
Appears in 2 contracts
Sources: Warrant Agreement (Trident Resources Corp), Warrant Agreement (Trident Resources Corp)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (property, other than cash) , of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (property, other than cash) , of the Company that such holder Holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exerciseevent, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend2.
Appears in 2 contracts
Sources: Warrant Agreement (Upwork Inc.), Warrant Agreement (Upwork Inc.)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the unexpired holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder the Holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock securities available by to it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividendperiod.
Appears in 2 contracts
Sources: Warrant Agreement (Innovative Micro Technology Inc), Warrant Agreement (Innovative Micro Technology Inc)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Option, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Option exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Option shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Option, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Option on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by to it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividendSection.
Appears in 1 contract
Sources: Option to Purchase Common Stock (Gs Agrifuels Corp)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants this Warrant (or upon such conversion) on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.
Appears in 1 contract
Sources: 8.5% Senior Secured Convertible Debenture and Warrant Purchase Agreement (Glen Rose Petroleum CORP)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion thereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersStockholders, shall have become entitled to receive, without payment therefortherefore, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefortherefore, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder Holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend2.
Appears in 1 contract
Adjustments for Dividends in Stock or Other Securities or Property. If If, at any time while Warrants remain the Warrants, or any portion hereof, are outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants exist (including without limitation securities into which such securities may be converted) at the time issuable upon exercise thereof shall have received, or, or on or after the record date fixed for the determination of eligible stockholders, stockholders shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company Company, by way of dividenddividend or other distribution, then and in each case, Warrants such Warrant shall thereafter represent the right to acquire, in addition to the number of shares of the security receivable issuable upon exercise of the Warrantssuch Warrant, and without payment by the Holder of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder Holder would hold have held on the date of such exercise had it such Holder been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) Warrant on the date hereof of this Agreement and had thereafter, during the period from the date hereof of this Agreement to and including the date of such exercise, retained such shares and/or all other additional stock available by to it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend8.1.
Appears in 1 contract
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain any Option remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants such Option exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, in each case without payment of any additional consideration therefor, other or additional stock or other securities or property (other than cash) of the Company or VIP-R by way of dividend, then and in each case, Warrants each Option shall represent the right to acquireacquire or sell, in addition to the number of shares of the security or other securities receivable upon exercise of the Warrants, and without payment of any additional consideration thereforsuch Option, the amount of such other or additional stock or other securities or property (other than cash) of the Company or VIP-R, as the case may be, that such holder Telenor would hold on the date of such exercise had it been the holder of record of the security shares or other securities receivable upon exercise of Warrants (or upon such conversion) Option on the date hereof and had thereafter, during the period from the date hereof to and including the date of the Notice of Exercise with respect to such exerciseOption, retained such shares and/or all other additional stock available by to it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend.Article V.
Appears in 1 contract
Sources: Option Agreement (Eco Telecom LTD)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion thereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants case this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.
Appears in 1 contract
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security Warrant Stock receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold be entitled to receive on the date of such exercise dividend had it been the holder of record of the security Warrant Stock receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.
Appears in 1 contract
Sources: Warrant Agreement (Glu Mobile Inc)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants Warrants, or any portion thereof, remain outstanding and unexpired, the holders of the securities as to which purchase rights under the Warrants exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrants, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it he been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) a Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.
Appears in 1 contract
Sources: Warrant Agreement (Accelacorp 1 Inc)
Adjustments for Dividends in Stock or Other Securities or Property. If at any time while Warrants remain any Installment of this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefortherefore, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares Shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefortherefore, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend10.
Appears in 1 contract
Sources: Warrant Agreement (Ceres, Inc.)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants this Warrant (or upon such conversion) on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend4.
Appears in 1 contract
Adjustments for Dividends in Stock or Other Securities or Property. If ------------------------------------------------------------------ while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such Such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.
Appears in 1 contract
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersstockholders of the Company, shall have become entitled to receive, without payment therefortherefore, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefortherefore, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividendSECTION 11.
Appears in 1 contract
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security Warrant Stock receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder Holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) Warrant Stock on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend4.
Appears in 1 contract
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cashan Excluded Dividend (as defined below)) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cashcash dividends or cash distributions paid out of net profits legally available therefor (such excluded cash dividend or distribution being referred to as an "Excluded Dividend")) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend13.
Appears in 1 contract
Adjustments for Dividends in Stock or Other Securities or Property. If at any time on or after the date hereof and while Warrants remain this Warrant remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, or on or after the record date fixed for the determination of eligible stockholders, stockholders shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividenddividend or other distribution in respect of the Class A Common Stock, then then, and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrants, this Warrant and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less 12, and, from and after the portion, if any, date of such other distribution, the Company shall hold and set aside (or additional stock or other securities or cause to be held and set aside in a commercially reasonable manner) an amount of such property (other than cash) attributable equal to shares that were acquired by exercise of the Warrant by the Registered Holder’s pro rata portion thereof for distribution to Holder and disposed of prior to the record date of the dividendpursuant hereto.
Appears in 1 contract
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.
Appears in 1 contract
Sources: Warrant Agreement (Cardiodynamics International Corp)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants Warrants, or any portion thereof, remain outstanding and unexpired, the holders of the securities as to which purchase rights under the Warrants exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrants, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it he been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) a Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend12.
Appears in 1 contract
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof Warrant Issue Date and had thereafter, during the period from the date hereof Warrant Issue Date to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend12.
Appears in 1 contract
Sources: Warrant Agreement (Enernoc Inc)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities ** As specified in Section 2 of the Note Purchase and Line of Credit Agreement as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersShareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend10.
Appears in 1 contract
Sources: Note Purchase and Line of Credit Agreement (Sunpower Corp)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend6.
Appears in 1 contract
Sources: Warrant Agreement (Exogen Inc)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants this Warrant (or upon such conversion) on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend3.
Appears in 1 contract
Sources: Warrant Agreement (Pet DRx CORP)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersshareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares Warrant Shares and/or all other additional stock stock, other securities or property available by to it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.
Appears in 1 contract
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersShareholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend11.
Appears in 1 contract
Sources: Warrant to Purchase Shares of Capital Stock (Lifef X Inc)
Adjustments for Dividends in Stock or Other Securities or Property. If If, while Warrants remain this Warrant, or any portion hereof, remains outstanding and unexpired, unexpired the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholdersStockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon the exercise of the Warrantsthis Warrant, and without payment of any additional consideration thereforthereof, the amount of such other or additional stock or other securities or property (other than cash) of the Company that which such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend10.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Sanctuary Woods Multimedia Corp)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant remains outstanding and unexpired, the holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividend, then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder of record of the security receivable upon exercise of Warrants this Warrant (or upon such conversion) on the date hereof and had thereafter, during the period from the date hereof to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividend10.
Appears in 1 contract
Sources: Membership Interest Purchase Agreement (Prospect Global Resources Inc.)
Adjustments for Dividends in Stock or Other Securities or Property. If while Warrants remain this Warrant, or any portion of this Warrant, remains outstanding and unexpired, the holders unexpired Holders of the securities as to which purchase rights under Warrants this Warrant exist (including without limitation securities into which such securities may be converted) at the time shall have received, or, on or after the record date fixed for the determination of eligible stockholders, shall have become entitled to receive, without payment therefor, other or additional stock or other securities or property (other than cash) of the Company by way of dividenddividend (except for distributions specifically provided for in the foregoing subparagraphs (b) and (c) of this Paragraph), then and in each case, Warrants this Warrant shall represent the right to acquire, in addition to the number of shares of the security receivable upon exercise of the Warrantsthis Warrant, and without payment of any additional consideration therefor, the amount of such other or additional stock or other securities or property (other than cash) of the Company that such holder would hold on the date of such exercise had it been the holder Holder of record of the security receivable upon exercise of Warrants (or upon such conversion) this Warrant on the date hereof of this Warrant and had thereafter, during the period from the date hereof of this Warrant to and including the date of such exercise, retained such shares and/or all other additional stock available by it as aforesaid during such period, giving effect to all adjustments called for during such period by the provisions of this Section 8 less the portion, if any, of such other or additional stock or other securities or property (other than cash) attributable to shares that were acquired by exercise of the Warrant by the Registered Holder and disposed of prior to the record date of the dividendParagraph.
Appears in 1 contract