Adjustments to the Exercise Price. The Exercise Price shall be subject to adjustment as follows: (i) If, during the Exercise Period, the Company shall (a) declare a dividend in, or make a free distribution of, Shares (as defined hereunder) or Ordinary Shares, (b) subdivide its outstanding Ordinary Shares, (c) consolidate its outstanding Ordinary Shares into a smaller number of Ordinary Shares, or (d) re-classify any of its Ordinary Shares into other securities of the Company, then the Exercise Price shall be appropriately adjusted so that the holder of this Warrant, the exercise date in respect of which occurs after the coming into effect of the adjustment described in this paragraph (i), shall be entitled to receive the number of Ordinary Shares and/or Shares and/or other securities of the Company which he would have held or have been entitled to receive after the happening of any of the events described above had this Warrant been exercised immediately prior to the happening of such event (or, if the Company has fixed a prior record date for the determination of shareholders entitled to receive any such dividend or free distribution of Ordinary Shares or other securities issued upon any such sub-division, consolidation or re-classification, immediately prior to such record date), but without prejudice to the effect of any other adjustment to the Exercise Price made with effect from the date of the happening of such event (or such record date) or any time thereafter. An adjustment made pursuant to this paragraph (i) shall become effective immediately on the relevant event referred to above becoming effective or, if a record date is fixed, immediately after the record date, provided, that in the case of a dividend in, or a free distribution of, Ordinary Shares which must, under applicable law, be submitted for approval to a general meeting of shareholders or to a meeting of the Board of Directors of the Company before being legally paid or made, and which is so approved after the record date fixed for the determination of shareholders entitled to receive such dividend or distribution, such adjustment shall, immediately upon such approval being given by such meeting, become effective retroactively to immediately after such record date. For the avoidance of doubt if the Company shall declare a Differential Dividend (as defined hereunder) in the form of Ordinary Shares the adjustment made hereunder shall be based on the largest dividend per Ordinary Share, as the case may be, that is declared. If the Company shall declare a dividend in, or authorize a free distribution of, Ordinary Shares which dividend or distribution is to be paid or made to shareholders as of a record date which is also:
Appears in 1 contract
Sources: Share Purchase Agreement (Noah Education Holdings Ltd.)
Adjustments to the Exercise Price. The Exercise Price shall be subject to adjustment as follows:
(i) If, during at any time or from time to time after the Exercise Perioddate hereof, the Company shall (a) declare a dividend in, or make a free distribution of, Shares issue any Additional Stock (as defined hereunderin Section 9(a)(vi) below) without consideration or Ordinary Shares, (b) subdivide its outstanding Ordinary Shares, (c) consolidate its outstanding Ordinary Shares into a smaller number of Ordinary Shares, or (d) re-classify any of its Ordinary Shares into other securities of the Company, then for consideration per share less than the Exercise Price shall be appropriately adjusted so that the holder of this Warrant, the exercise date in respect of which occurs after the coming into effect of the adjustment described in this paragraph (i), shall be entitled to receive the number of Ordinary Shares and/or Shares and/or other securities of the Company which he would have held or have been entitled to receive after the happening of any of the events described above had this Warrant been exercised immediately prior to the happening issuance of such event (orAdditional Stock, if the Company has fixed a prior record date for the determination of shareholders entitled to receive any such dividend or free distribution of Ordinary Shares or other securities issued upon any such sub-division, consolidation or re-classification, Exercise Price in effect immediately prior to such record dateissuance shall (except as otherwise provided in this Section 9(a), but without prejudice ) be adjusted to that price (rounded to the nearest cent) determined by multiplying the Exercise Price then in effect by a fraction:
(A) the numerator of any other adjustment which shall be equal to the sum of (1) the number of shares of Common Stock outstanding immediately prior to the issuance of such Additional Stock plus (2) the number of shares of Common Stock (rounded to the nearest whole share) which the aggregate consideration for the total number of such Additional Stock so issued would purchase at a price per share equal to the Exercise Price made with effect from then in effect, and
(B) the date denominator of which shall be equal to the sum of (x) the number of shares of Common Stock outstanding immediately prior to the issuance of such Additional Stock plus (y) the number of such Additional Stock so issued.
(ii) No adjustment of the happening Exercise Price for any Warrant Share shall be made in an amount less than one cent per share; provided that any adjustments which are not required to be made by reason of this sentence shall be carried forward and shall be taken into account in any subsequent adjustment made. Except to the limited extent provided for in Sections 9(a)(v)(C), 9(a)(v)(D) and 9(a)(v)(E) no adjustment of such event (or such record date) or any time thereafter. An adjustment made Exercise Price pursuant to this paragraph (iSection 9(a) shall become effective have the effect of increasing the Exercise Price above the Exercise Price in effect immediately on the relevant event referred prior to above becoming effective or, if a record date is fixed, immediately after the record date, provided, that in such adjustment.
(iii) In the case of the issuance of Additional Stock for cash, the consideration shall be deemed to be the amount of cash paid therefor before deducting any reasonable discounts, commissions or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.
(iv) In the case of the issuance of the Additional Stock for a dividend inconsideration in whole or in part other than cash, or a free distribution of, Ordinary Shares which must, under applicable law, the consideration other than cash shall be submitted for approval deemed to a general meeting of shareholders or to a meeting of be the fair value thereof as determined by the Board of Directors of the Company before being legally paid irrespective of any accounting treatment.
(v) In the case of the issuance of options to purchase or maderights to subscribe for Common Stock, securities by their terms convertible into or exchangeable for Common Stock or options to purchase or rights to subscribe for such convertible or exchangeable securities, the following provisions shall apply for all purposes of this Section 9(a): (A) The aggregate number of shares of Common Stock deliverable upon exercise (assuming the satisfaction of any conditions to exercisability, including but not limited to the passage of time, but without taking into account potential antidilution adjustments) of such options to purchase or rights to subscribe for Common Stock shall be deemed to have been issued and which is so approved after outstanding at the record date fixed time such options or rights were issued and for a consideration equal to the consideration (determined in the manner provided in Sections 9(a)(iii) and 9(a)(iv)), if any, received by the Company upon the issuance of such options or rights plus the minimum exercise price provided in such options or rights (without taking into account potential antidilution adjustments) for the determination of shareholders entitled to receive such dividend or distribution, such adjustment shall, immediately upon such approval being given by such meeting, become effective retroactively to immediately after such record date. For the avoidance of doubt if the Company shall declare a Differential Dividend (as defined hereunder) in the form of Ordinary Shares the adjustment made hereunder shall be based on the largest dividend per Ordinary Share, as the case may be, that is declared. If the Company shall declare a dividend in, or authorize a free distribution of, Ordinary Shares which dividend or distribution is to be paid or made to shareholders as of a record date which is also:Common Stock covered thereby.
Appears in 1 contract
Sources: Securities Agreement (Nutrastar International Inc.)
Adjustments to the Exercise Price. The Exercise Price shall be subject to adjustment as follows:
(i) If, during at any time or from time to time after the Exercise Perioddate hereof, the Company shall (a) declare a dividend in, or make a free distribution of, Shares issue any Additional Stock (as defined hereunderin Section 9(a)(vi) below) without consideration or Ordinary Shares, (b) subdivide its outstanding Ordinary Shares, (c) consolidate its outstanding Ordinary Shares into a smaller number of Ordinary Shares, or (d) re-classify any of its Ordinary Shares into other securities of the Company, then for consideration per share less than the Exercise Price shall be appropriately adjusted so that the holder of this Warrant, the exercise date in respect of which occurs after the coming into effect of the adjustment described in this paragraph (i), shall be entitled to receive the number of Ordinary Shares and/or Shares and/or other securities of the Company which he would have held or have been entitled to receive after the happening of any of the events described above had this Warrant been exercised immediately prior to the happening issuance of such event (orAdditional Stock, if the Company has fixed a prior record date for the determination of shareholders entitled to receive any such dividend or free distribution of Ordinary Shares or other securities issued upon any such sub-division, consolidation or re-classification, Exercise Price in effect immediately prior to such record dateissuance shall (except as otherwise provided in this Section 9(a)) be adjusted to a price determined by multiplying such Exercise Price by a fraction, but without prejudice the numerator of which is the number of shares of Common Stock outstanding immediately prior to such issuance plus the effect number of any other shares of Common Stock that the aggregate consideration received by the Company for such issuance would purchase at such Exercise Price, and the denominator of which is the number of shares of Common Stock outstanding immediately prior to such issuance plus the number of shares of such Additional Stock.
(ii) No adjustment to of the Exercise Price for any Warrant Share shall be made with effect in an amount less than one cent per share; provided that any adjustments which are not required to be made by reason of this sentence shall be carried forward and shall be taken into account in any subsequent adjustment made prior to three years from the date of the happening event giving rise to the adjustment being carried forward. Except to the limited extent provided for in Sections 9(a)(v)(C), 9(a)(v)(D) and 9(a)(viii) no adjustment of such event (or such record date) or any time thereafter. An adjustment made Exercise Price pursuant to this paragraph (iSection 9(a) shall become effective have the effect of increasing the Exercise Price above the Exercise Price in effect immediately on the relevant event referred prior to above becoming effective or, if a record date is fixed, immediately after the record date, provided, that in such adjustment.
(iii) In the case of the issuance of Additional Stock for cash, the consideration shall be deemed to be the amount of cash paid therefor before deducting any reasonable discounts, commissions or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.
(iv) In the case of the issuance of the Additional Stock for a dividend inconsideration in whole or in part other than cash, or a free distribution of, Ordinary Shares which must, under applicable law, the consideration other than cash shall be submitted for approval deemed to a general meeting of shareholders or to a meeting of be the fair value thereof as determined by the Board of Directors of the Company before being legally paid irrespective of any accounting treatment.
(v) In the case of the issuance of options to purchase or maderights to subscribe for Common Stock, securities by their terms convertible into or exchangeable for Common Stock or options to purchase or rights to subscribe for such convertible or exchangeable securities, the following provisions shall apply for all purposes of this Section 9(a):
(A) The aggregate number of shares of Common Stock deliverable upon exercise (assuming the satisfaction of any conditions to exercisability, including but not limited to the passage of time, but without taking into account potential antidilution adjustments) of such options to purchase or rights to subscribe for Common Stock shall be deemed to have been issued and which is so approved after outstanding at the record date fixed time such options or rights were issued and for a consideration equal to the consideration (determined in the manner provided in Sections 9(a)(iii) and 9(a)(iv)), if any, received by the Company upon the issuance of such options or rights plus the minimum exercise price provided in such options or rights (without taking into account potential antidilution adjustments) for the determination Common Stock covered thereby.
(B) The aggregate maximum number of shareholders entitled shares of Common Stock deliverable upon conversion of or in exchange (assuming the satisfaction of any conditions to receive convertibility or exchangeability, including but not limited to the passage of time, but without taking into account potential antidilution adjustments) for any such dividend convertible or distributionexchangeable securities or upon the exercise of options to purchase or rights to subscribe for such convertible or exchangeable securities and subsequent conversion or exchange thereof shall be deemed to have been issued and outstanding at the time such securities were issued or such options or rights were issued and for a consideration equal to the consideration, such adjustment shallif any, immediately upon such approval being given received by such meeting, become effective retroactively to immediately after such record date. For the avoidance of doubt if the Company shall declare a Differential Dividend for any such securities and related options or rights (as defined hereunderexcluding any cash received or account of accrued interest or accrued dividends), plus the minimum additional consideration, if any, to be received by the Company (without taking into account potential antidilution adjustments) upon the conversion or exchange of such securities or the exercise of any related options or rights (the consideration in each case to be determined in the form manner provided in Sections 9(a)(iii) and 9(a)(iv)).
(C) In the event of Ordinary Shares any change in the adjustment made hereunder number of shares of Common Stock deliverable or in the consideration payable to the Company upon exercise of such options or rights or upon conversion of or in exchange for such convertible or exchangeable securities, including, but not limited to, a change resulting from the antidilution provisions thereof, the Exercise Price, to the extent in any way affected by or computed using such options, rights or securities, shall be based on recomputed to reflect such change, but no further adjustment shall be made for the largest dividend per Ordinary Shareactual issuance of Common Stock or any payment of such consideration upon the exercise of any such options or rights or the conversion or exchange of such securities.
(D) Upon the expiration of any such options or rights, as the case may betermination of any such rights to convert or exchange or the expiration of any options or rights related to such convertible or exchangeable securities, that is declared. If the Company Exercise Price, to the extent in any way affected by or computed using such options, rights or securities or options or rights related to such securities, shall declare a dividend inbe recomputed to reflect the issuance of only the number of shares of Common Stock (and convertible or exchangeable securities which remain in effect) actually issued upon the exercise of such options or rights, upon the conversion or authorize a free distribution ofexchange of such securities or upon the exercise of the options or rights related to such securities.
(E) The number of shares of Common Stock deemed issued and the consideration deemed paid therefor pursuant to Sections 9(a)(v)(A) and 9(a)(v)(B) shall be appropriately adjusted to reflect any change, Ordinary Shares which dividend termination or distribution is to be paid expiration of the type described in either Section 9(a)(v)(C) or made to shareholders as of a record date which is also:9(a)(v)(D).
Appears in 1 contract
Adjustments to the Exercise Price. The Exercise Price shall be subject to adjustment as follows:
(i) If, during at any time or from time to time after the Exercise Perioddate hereof, the Company shall (a) declare a dividend in, or make a free distribution of, Shares issue any Additional Stock (as defined hereunderin Section 10(a)(vi) below) without consideration or Ordinary Shares, (b) subdivide its outstanding Ordinary Shares, (c) consolidate its outstanding Ordinary Shares into a smaller number of Ordinary Shares, or (d) re-classify any of its Ordinary Shares into other securities of the Company, then for consideration per share less than the Exercise Price shall be appropriately adjusted so that the holder of this Warrant, the exercise date in respect of which occurs after the coming into effect of the adjustment described in this paragraph (i), shall be entitled to receive the number of Ordinary Shares and/or Shares and/or other securities of the Company which he would have held or have been entitled to receive after the happening of any of the events described above had this Warrant been exercised immediately prior to the happening issuance of such event (orAdditional Stock, if the Company has fixed a prior record date for the determination of shareholders entitled to receive any such dividend or free distribution of Ordinary Shares or other securities issued upon any such sub-division, consolidation or re-classification, Exercise Price in effect immediately prior to such record dateissuance shall (except as otherwise provided in this Section 10(a)) be adjusted to the price per share at which such Additional Stock was issued (or if such Additional Stock was issued for no consideration the price shall be adjusted to $.01).
(ii) No adjustment of the Exercise Price for any Warrant Share shall be made in an amount less than one cent per share; provided that any adjustments which are not required to be made by reason of this sentence shall be carried forward and shall be taken into account in any subsequent adjustment made. Except to the limited extent provided for in Sections 10(a)(v)(C), but without prejudice 10(a)(v)(D) and 10(a)(v)(E) no adjustment of such Exercise Price pursuant to this Section 10(a) shall have the effect of any other adjustment to increasing the Exercise Price made with above the Exercise Price in effect from the date of the happening of immediately prior to such event adjustment.
(or such record dateiii) or any time thereafter. An adjustment made pursuant to this paragraph (i) shall become effective immediately on the relevant event referred to above becoming effective or, if a record date is fixed, immediately after the record date, provided, that in In the case of the issuance of Additional Stock for cash, the consideration shall be deemed to be the amount of cash paid therefor before deducting any reasonable discounts, commissions or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.
(iv) In the case of the issuance of the Additional Stock for a dividend inconsideration in whole or in part other than cash, or a free distribution of, Ordinary Shares which must, under applicable law, the consideration other than cash shall be submitted for approval deemed to a general meeting of shareholders or to a meeting of be the fair value thereof as determined by the Board of Directors of the Company before being legally paid irrespective of any accounting treatment.
(v) In the case of the issuance of options to purchase or maderights to subscribe for Common Stock, securities by their terms convertible into or exchangeable for Common Stock or options to purchase or rights to subscribe for such convertible or exchangeable securities, the following provisions shall apply for all purposes of this Section 10(a):
(A) The aggregate number of shares of Common Stock deliverable upon exercise (assuming the satisfaction of any conditions to exercisability, including but not limited to the passage of time, but without taking into account potential antidilution adjustments) of such options to purchase or rights to subscribe for Common Stock shall be deemed to have been issued and which is so approved after outstanding at the record date fixed time such options or rights were issued and for a consideration equal to the consideration (determined in the manner provided in Sections 10(a)(iii) and 10(a)(iv)), if any, received by the Company upon the issuance of such options or rights plus the minimum exercise price provided in such options or rights (without taking into account potential antidilution adjustments) for the determination Common Stock covered thereby.
(B) The aggregate maximum number of shareholders entitled shares of Common Stock deliverable upon conversion of or in exchange (assuming the satisfaction of any conditions to receive convertibility or exchangeability, including but not limited to the passage of time, but without taking into account potential antidilution adjustments) for any such dividend convertible or distributionexchangeable securities or upon the exercise of options to purchase or rights to subscribe for such convertible or exchangeable securities and subsequent conversion or exchange thereof shall be deemed to have been issued and outstanding at the time such securities were issued or such options or rights were issued and for a consideration equal to the consideration, such adjustment shallif any, immediately upon such approval being given received by such meeting, become effective retroactively to immediately after such record date. For the avoidance of doubt if the Company shall declare a Differential Dividend for any such securities and related options or rights (as defined hereunderexcluding any cash received or account of accrued interest or accrued dividends), plus the minimum additional consideration, if any, to be received by the Company (without taking into account potential antidilution adjustments) upon the conversion or exchange of such securities or the exercise of any related options or rights (the consideration in each case to be determined in the form manner provided in Sections 10(a)(iii) and 10(a)(iv)).
(C) In the event of Ordinary Shares any change in the adjustment made hereunder number of shares of Common Stock deliverable or in the consideration payable to the Company upon exercise of such options or rights or upon conversion of or in exchange for such convertible or exchangeable securities, including, but not limited to, a change resulting from the antidilution provisions thereof, the Exercise Price, to the extent in any way affected by or computed using such options, rights or securities, shall be based on recomputed to reflect such change, but no further adjustment shall be made for the largest dividend per Ordinary Shareactual issuance of Common Stock or any payment of such consideration upon the exercise of any such options or rights or the conversion or exchange of such securities.
(D) Upon the expiration of any such options or rights, as the case may betermination of any such rights to convert or exchange or the expiration of any options or rights related to such convertible or exchangeable securities, that is declared. If the Company Exercise Price, to the extent in any way affected by or computed using such options, rights or securities or options or rights related to such securities, shall declare a dividend inbe recomputed to reflect the issuance of only the number of shares of Common Stock (and convertible or exchangeable securities which remain in effect) actually issued upon the exercise of such options or rights, upon the conversion or authorize a free distribution ofexchange of such securities or upon the exercise of the options or rights related to such securities.
(E) The number of shares of Common Stock deemed issued and the consideration deemed paid therefor pursuant to Sections 10(a)(v)(A) and 10(a)(v)(B) shall be appropriately adjusted to reflect any change, Ordinary Shares which dividend termination or distribution is to be paid expiration of the type described in either Section 10(a)(v)(C) or made to shareholders as of a record date which is also:10(a)(v)(D).
Appears in 1 contract
Sources: Securities Agreement (China Green Material Technologies, Inc.)
Adjustments to the Exercise Price. The Exercise Price shall be subject to adjustment as follows:
(i) If, during at any time or from time to time after the Exercise Perioddate hereof, the Company shall (a) declare a dividend in, or make a free distribution of, Shares issue any Additional Stock (as defined hereunderin Section 9(a)(vi) below) without consideration or Ordinary Shares, (b) subdivide its outstanding Ordinary Shares, (c) consolidate its outstanding Ordinary Shares into a smaller number of Ordinary Shares, or (d) re-classify any of its Ordinary Shares into other securities of the Company, then for consideration per share less than the Exercise Price shall be appropriately adjusted so that the holder of this Warrant, the exercise date in respect of which occurs after the coming into effect of the adjustment described in this paragraph (i), shall be entitled to receive the number of Ordinary Shares and/or Shares and/or other securities of the Company which he would have held or have been entitled to receive after the happening of any of the events described above had this Warrant been exercised immediately prior to the happening issuance of such event (orAdditional Stock, if the Company has fixed a prior record date for the determination of shareholders entitled to receive any such dividend or free distribution of Ordinary Shares or other securities issued upon any such sub-division, consolidation or re-classification, Exercise Price in effect immediately prior to such record dateissuance shall (except as otherwise provided in this Section 9(a), but without prejudice ) be adjusted to the effect price per share at which such Additional Stock was issued (or if such Additional Stock was issued for no consideration the price shall be adjusted to $.01).
(ii) No adjustment of any other adjustment to the Exercise Price for any Warrant Share shall be made with effect in an amount less than one cent per share; provided that any adjustments which are not required to be made by reason of this sentence shall be carried forward and shall be taken into account in any subsequent adjustment made prior to three years from the date of the happening event giving rise to the adjustment being carried forward. Except to the limited extent provided for in Sections 9(a)(v)(C), 9(a)(v)(D) and 9(a)(v)(E) no adjustment of such event (or such record date) or any time thereafter. An adjustment made Exercise Price pursuant to this paragraph (iSection 9(a) shall become effective have the effect of increasing the Exercise Price above the Exercise Price in effect immediately on the relevant event referred prior to above becoming effective or, if a record date is fixed, immediately after the record date, provided, that in such adjustment.
(iii) In the case of the issuance of Additional Stock for cash, the consideration shall be deemed to be the amount of cash paid therefor before deducting any reasonable discounts, commissions or other expenses allowed, paid or incurred by the Company for any underwriting or otherwise in connection with the issuance and sale thereof.
(iv) In the case of the issuance of the Additional Stock for a dividend inconsideration in whole or in part other than cash, or a free distribution of, Ordinary Shares which must, under applicable law, the consideration other than cash shall be submitted for approval deemed to a general meeting of shareholders or to a meeting of be the fair value thereof as determined by the Board of Directors of the Company before being legally paid irrespective of any accounting treatment.
(v) In the case of the issuance of options to purchase or maderights to subscribe for Common Stock, securities by their terms convertible into or exchangeable for Common Stock or options to purchase or rights to subscribe for such convertible or exchangeable securities, the following provisions shall apply for all purposes of this Section 9(a):
(A) The aggregate number of shares of Common Stock deliverable upon exercise (assuming the satisfaction of any conditions to exercisability, including but not limited to the passage of time, but without taking into account potential antidilution adjustments) of such options to purchase or rights to subscribe for Common Stock shall be deemed to have been issued and which is so approved after outstanding at the record date fixed time such options or rights were issued and for a consideration equal to the consideration (determined in the manner provided in Sections 9(a)(iii) and 9(a)(iv)), if any, received by the Company upon the issuance of such options or rights plus the minimum exercise price provided in such options or rights (without taking into account potential antidilution adjustments) for the determination Common Stock covered thereby.
(B) The aggregate maximum number of shareholders entitled shares of Common Stock deliverable upon conversion of or in exchange (assuming the satisfaction of any conditions to receive convertibility or exchangeability, including but not limited to the passage of time, but without taking into account potential antidilution adjustments) for any such dividend convertible or distributionexchangeable securities or upon the exercise of options to purchase or rights to subscribe for such convertible or exchangeable securities and subsequent conversion or exchange thereof shall be deemed to have been issued and outstanding at the time such securities were issued or such options or rights were issued and for a consideration equal to the consideration, such adjustment shallif any, immediately upon such approval being given received by such meeting, become effective retroactively to immediately after such record date. For the avoidance of doubt if the Company shall declare a Differential Dividend for any such securities and related options or rights (as defined hereunderexcluding any cash received or account of accrued interest or accrued dividends), plus the minimum additional consideration, if any, to be received by the Company (without taking into account potential antidilution adjustments) upon the conversion or exchange of such securities or the exercise of any related options or rights (the consideration in each case to be determined in the form manner provided in Sections 9(a)(iii) and 9(a)(iv)).
(C) In the event of Ordinary Shares any change in the adjustment made hereunder number of shares of Common Stock deliverable or in the consideration payable to the Company upon exercise of such options or rights or upon conversion of or in exchange for such convertible or exchangeable securities, including, but not limited to, a change resulting from the antidilution provisions thereof, the Exercise Price, to the extent in any way affected by or computed using such options, rights or securities, shall be based on recomputed to reflect such change, but no further adjustment shall be made for the largest dividend per Ordinary Shareactual issuance of Common Stock or any payment of such consideration upon the exercise of any such options or rights or the conversion or exchange of such securities.
(D) Upon the expiration of any such options or rights, as the case may betermination of any such rights to convert or exchange or the expiration of any options or rights related to such convertible or exchangeable securities, that is declared. If the Company Exercise Price, to the extent in any way affected by or computed using such options, rights or securities or options or rights related to such securities, shall declare a dividend inbe recomputed to reflect the issuance of only the number of shares of Common Stock (and convertible or exchangeable securities which remain in effect) actually issued upon the exercise of such options or rights, upon the conversion or authorize a free distribution ofexchange of such securities or upon the exercise of the options or rights related to such securities.
(E) The number of shares of Common Stock deemed issued and the consideration deemed paid therefor pursuant to Sections 9(a)(v)(A) and 9(a)(v)(B) shall be appropriately adjusted to reflect any change, Ordinary Shares which dividend termination or distribution is to be paid expiration of the type described in either Section 9(a)(v)(C) or made to shareholders as of a record date which is also:9(a)(v)(D).
Appears in 1 contract
Sources: Securities Agreement (Weikang Bio-Technology Group Co Inc)