Common use of Adjustments for Other Distributions Clause in Contracts

Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board of Directors) or options or rights not referred to in Sections 4.2 or 4.3 then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.

Appears in 21 contracts

Sources: Underwriting Agreement (TFF Pharmaceuticals, Inc.), Warrant Agreement (HeartBeam, Inc.), Warrant Agreement (HeartBeam, Inc.)

Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.2 4.2, 4.3 or 4.3 4.4, then, in each such case for the purpose of this Section 4.44.5, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.

Appears in 17 contracts

Sources: Warrant Agreement (Wave2Wave Communications, Inc.), Warrant Agreement (Wave2Wave Communications, Inc.), Warrant Agreement (ONE Bio, Corp.)

Adjustments for Other Distributions. In the event the Company shall declare a distribution on the outstanding Common Stock that is payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board of Directors) or options or rights not referred to in Sections 4.2 or 4.3 rights, then, in each such case for the purpose of this Section 4.49(c), upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of shares of Common Stock which might have been purchased upon exercise of this Warrant Shares as of immediately prior to the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distributiondistribution (or the date of such distribution if no record date is fixed).

Appears in 16 contracts

Sources: Warrant Agreement (MYnd Analytics, Inc.), Warrant Agreement (Applied Dna Sciences Inc), Advisory Agreement (DelMar Pharmaceuticals, Inc.)

Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.2 or 4.3 then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.

Appears in 16 contracts

Sources: Warrant Agreement (PetroShare Corp.), Warrant Agreement (Energous Corp), Underwriting Agreement (Ideal Power Inc.)

Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.1, 4.2 or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.

Appears in 11 contracts

Sources: Warrant Agreement (Cachet Financial Solutions, Inc.), Representative's Warrant (Cachet Financial Solutions, Inc.), Warrant Agreement (Cachet Financial Solutions, Inc.)

Adjustments for Other Distributions. In the event the Company shall declare a distribution on the outstanding Common Stock that is payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board of Directors) or options or rights not referred to in Sections 4.2 or 4.3 rights, then, in each such case for the purpose of this Section 4.49(c), upon exercise of this Warrantany Warrants, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as shares of Common Stock which might have been purchased upon exercise of any Warrants immediately prior to the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distributiondistribution (or the date of such distribution if no record date is fixed).

Appears in 5 contracts

Sources: Stock and Warrant Purchase Agreement (PharmaCyte Biotech, Inc.), Stock and Warrant Purchase Agreement (PharmaCyte Biotech, Inc.), Securities Agreement (PharmaCyte Biotech, Inc.)

Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board of Directors) or options or rights not referred to in Sections 4.2 4.1, 4.2, or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock Shares of the Company entitled to receive such distribution.

Appears in 4 contracts

Sources: Warrant Agreement (Plug Power Inc), Warrant Agreement (West Coast Realty Trust, Inc.), Warrant Agreement (Regenerx Biopharmaceuticals Inc)

Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board 's board of Directorsdirectors) or options or rights not referred to in Sections 4.1, 4.2 or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.

Appears in 4 contracts

Sources: Representative's Warrant (Peekay Boutiques, Inc.), Warrant Agreement (Peekay Boutiques, Inc.), Warrant Agreement (Coffee Holding Co Inc)

Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.2 Section 3 or 4.3 in this Section 4, then, in each such case for the purpose of this Section 4.44, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Blackboxstocks Inc.), Warrant Agreement (Blackboxstocks Inc.), Securities Purchase Agreement (Blackboxstocks Inc.)

Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock Shares paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.1, 4.2 or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock Shares of the Company entitled to receive such distribution.

Appears in 3 contracts

Sources: Underwriting Agreement (China SLP Filtration Technology, Inc.), Warrant Agreement (China SLP Filtration Technology, Inc.), Warrant Agreement (Zheng Hui Industry Corp.)

Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.1, 4.2 or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock Ordinary Shares of the Company entitled to receive such distribution.

Appears in 2 contracts

Sources: Warrant Agreement (Golden Green Enterprises Ltd.), Warrant Agreement (Golden Green Enterprises Ltd.)

Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock Ordinary Shares paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.1, 4.2 or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock Ordinary Shares of the Company entitled to receive such distribution.

Appears in 2 contracts

Sources: Warrant Agreement (Tri-Tech Holding, Inc.), Warrant Agreement (Tri-Tech Holding, Inc.)

Adjustments for Other Distributions. In the event the Company shall declare a distribution on the outstanding Common Stock that is payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.2 or 4.3 rights, then, in each such case for the purpose of this Section 4.410(c), upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of shares of Common Stock which might have been purchased upon exercise of this Warrant Shares as of immediately prior to the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distributiondistribution (or the date of such distribution if no record date is fixed).

Appears in 2 contracts

Sources: Underwriting Agreement (Cerecor Inc.), Underwriting Agreement (Cerecor Inc.)

Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock Ordinary Shares paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.2 4.2, 4.3 or 4.3 4.4, then, in each such case for the purpose of this Section 4.44.5, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock Ordinary Shares of the Company entitled to receive such distribution.

Appears in 2 contracts

Sources: Warrant Agreement (Grand Farm Inc.), Warrant Agreement (Lizhan Environmental Corp)

Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.2 5.2, 5.3 or 4.3 5.4, then, in each such case for the purpose of this Section 4.45.5, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock Shares of the Company entitled to receive such distribution.

Appears in 2 contracts

Sources: Underwriter's Warrant (Med BioGene Inc.), Underwriter's Warrant (Med BioGene Inc.)

Adjustments for Other Distributions. In the event the Company shall declare a distribution on the outstanding Common Stock that is payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board of Directors) or options or rights not referred to in Sections 4.1, 4.2 or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of shares of Common Stock which might have been purchased upon exercise of this Warrant Shares as of immediately prior to the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distributiondistribution (or the date of such distribution if no record date is fixed).

Appears in 1 contract

Sources: Warrant Agreement (Acorn Energy, Inc.)

Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock Ordinary Shares paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.2 or 4.3 then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock Ordinary Shares of the Company entitled to receive such distribution.

Appears in 1 contract

Sources: Warrant Agreement (CBD Energy LTD)

Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board 's board of Directorsdirectors) or options or rights not referred to in Sections 4.2 4.2, 4.3 or 4.3 4.4, then, in each such case for the purpose of this Section 4.44.5, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.

Appears in 1 contract

Sources: Warrant Agreement (Ivivi Technologies, Inc.)

Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.1, 4.2 or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, 4.54 upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.

Appears in 1 contract

Sources: Warrant Agreement (China Hydroelectric Corp)

Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board of Directors) or options or rights not referred to in Sections 4.2 or 4.3 clauses (a), (b) and (c) above, then, in each such case for the purpose of this Section 4.4clause (d), upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of shares of Common Stock of the Company entitled to receive such distribution.

Appears in 1 contract

Sources: Security Agreement (Luxeyard, Inc.)

Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s 's Board of Directors) or options or rights not referred to in Sections 4.2 3(a) or 4.3 (b), then, in each such case for the purpose of this Section 4.4case, upon exercise of this WarrantWarrant within ninety (90) days of such distribution, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.

Appears in 1 contract

Sources: Warrant Agreement (uWink, Inc.)

Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock Shares paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.2 4.2, 4.3 or 4.3 4.4, then, in each such case for the purpose of this Section 4.44.5, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock Shares of the Company entitled to receive such distribution.

Appears in 1 contract

Sources: Representative's Warrant (Green Solutions China, Inc.)

Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.2 4.2, 4.3 or 4.3 4.4, then, in each such case for the purpose of this Section 4.44.5, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the te number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.

Appears in 1 contract

Sources: Warrant Agreement (Cryoport, Inc.)

Adjustments for Other Distributions. In the event the Company shall declare a distribution on the outstanding Common Stock that is payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s 's Board of Directors) or options or rights not referred to in Sections 4.1, 4.2 or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of shares of Common Stock which might have been purchased upon exercise of this Warrant Shares as of immediately prior to the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distributiondistribution (or the date of such distribution if no record date is fixed).

Appears in 1 contract

Sources: Warrant Agreement (Cel Sci Corp)

Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock Stock, paid out of current or retained earnings and declared by the Company’s Board 's board of Directorsdirectors) or options or rights not referred to in Sections 4.1, 4.2 or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.

Appears in 1 contract

Sources: Warrant Agreement (United Financial Mortgage Corp)

Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.1, 4.2 or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.

Appears in 1 contract

Sources: Warrant Agreement (InterMetro Communications, Inc.)

Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock Ordinary Shares paid out of current or retained earnings and declared by the Company’s Board board of Directorsdirectors) or options or rights not referred to in Sections 4.1, 4.2 or 4.3 4.3, then, in each such case for the purpose of this Section 4.4, 4.54 upon exercise of this Warrant, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock Ordinary Shares of the Company entitled to receive such distribution.

Appears in 1 contract

Sources: Warrant Agreement (China Hydroelectric Corp)

Adjustments for Other Distributions. In the event the Company shall declare a distribution payable in securities of other Persons, evidences of indebtedness issued by the Company or other Persons, assets (excluding cash dividends or distributions to the holders of Common Stock paid out of current or retained earnings and declared by the Company’s Board of Directors) or options or rights not referred to in Sections 4.2 3(a) or 4.3 (b), then, in each such case for the purpose of this Section 4.4case, upon exercise of this WarrantWarrant within ninety (90) days of such distribution, the Holder shall be entitled to a proportionate share of any such distribution as though the Holder was the actual record holder of the number of Warrant Shares as of the record date fixed for the determination of the holders of Common Stock of the Company entitled to receive such distribution.

Appears in 1 contract

Sources: Warrant Agreement (uWink, Inc.)