Common use of Certain Adjustment Rules Clause in Contracts

Certain Adjustment Rules. (i) The provisions of this Section 10 shall similarly apply to successive transactions. (ii) If the Company shall declare any dividend referred to in paragraph (iv) of subsection (c) of this Section 10 or subsection (d) of this Section 10 and if any Holder exercises all or any part of the Warrants after such declaration but before the payment of such dividend, the Company may elect to defer, until the payment of such dividend, issuing to such Holder the shares issuable upon such exercise of the Warrants over and above the shares issuable upon such exercise of the Warrants on the basis of the Exercise Price in effect prior to such adjustment; provided, however, that the Company shall deliver to each such Holder a due ▇▇▇▇ or other appropriate instrument evidencing such Holder's right to receive such additional shares upon the payment of such dividend. (iii) If the Company shall declare any dividend referred to in paragraph (iv) of subsection (c) of this Section 10 or subsection (d) of this Section 10 and shall legally abandon such dividend prior to payment, then no adjustment shall be made pursuant to this Section 10 in respect of such declaration.

Appears in 2 contracts

Sources: Warrant Agreement (Impleo LLC), Warrant Agreement (Bcam International Inc)

Certain Adjustment Rules. (i) The provisions of this Section 10 11 shall similarly apply to successive transactions. (ii) If the Company shall declare any dividend referred to in paragraph (iv) of subsection (c) of this Section 10 11 or subsection (d) of this Section 10 11 and if any Holder exercises all or any part of the Warrants after such declaration but before the payment of such dividend, the Company may elect to defer, until the payment of such dividend, issuing to such Holder the shares issuable upon such exercise of the Warrants over and above the shares issuable upon such exercise of the Warrants on the basis of the Exercise Price in effect prior to such adjustment; providedPROVIDED, howeverHOWEVER, that the Company shall deliver to each such Holder a due ▇▇▇▇ bill or other appropriate instrument evidencing such Holder's right to receive such additional shares upon the payment of such dividend. (iii) If the Company shall declare any dividend referred to in paragraph (iv) of subsection (c) of this Section 10 11 or subsection (d) of this Section 10 11 and shall legally abandon such dividend prior to payment, then no adjustment shall be made pursuant to this Section 10 11 in respect of such declaration.

Appears in 1 contract

Sources: Financing Agreement (Wahlco Environmental Systems Inc)