Common use of Change in Option Price or Conversion Rate Clause in Contracts

Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Shares changes at any time, except for changes to the Exchange Notes and Other Warrants, the Exercise Price in effect at the time of such change shall be adjusted immediately to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or sold and the number of Common Shares issuable hereunder shall be correspondingly adjusted; provided, that if such adjustment would result in an increase of the Exercise Price then in effect, such adjustment shall not be effective until 30 days after written notice thereof has been given by the Company to all holders of the Warrants. For purposes of this paragraph 2B, if the terms of any Option or Convertible Security which was outstanding as of the date of issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Shares deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, that no such change shall at any time cause the Exercise Price hereunder to be increased.

Appears in 4 contracts

Sources: Warrant Agreement (Prime Group Realty Trust), Warrant Agreement (Prime Group Realty Trust), Warrant Agreement (Prime Group Realty Trust)

Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Shares Stock changes at any time, except for changes to the Exchange Notes and Other Warrants, the Exercise Price in effect at the time of such change shall be adjusted immediately to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or sold and the number of Common Warrant Shares issuable hereunder shall be correspondingly adjusted; provided, that if such adjustment would result in an increase of the Exercise Price then in effect, such adjustment shall not be effective until 30 days after written notice thereof has been given by the Company to all holders of the Warrants. For purposes of this paragraph Section 2B, if the terms of any Option or Convertible Security which was outstanding as of the date of issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Shares Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, that (A) no such change shall at any time cause the Exercise Price hereunder to be increased, and (B) no adjustment to the Conversion Price pursuant to this clause (iii) shall be made as a result of any adjustment to the exercise and/or conversion price with respect to the Bayview Warrant, CEX Convertible Note or the Common Warrants pursuant to and in accordance with the antidilution protection provisions of such securities as in effect on May 31, 2000.

Appears in 2 contracts

Sources: Warrant Agreement (United Shipping & Technology Inc), Stock Purchase Warrant (United Shipping & Technology Inc)

Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Shares Stock changes at any time, except for changes to the Exchange Notes and Other Warrants, the Exercise Price in effect at the time of such change shall be adjusted immediately to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or sold and the number of Common Warrant Shares issuable hereunder shall be correspondingly adjusted; provided, that if such adjustment would result in an increase of the Exercise Price then in effect, such adjustment shall not be effective until 30 days after written notice thereof has been given by the Company to all holders of the Warrants. For purposes of this paragraph Section 2B, if the terms of any Option or Convertible Security which was outstanding as of the date of issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Shares Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, that (A) no such change shall at any time cause the Exercise Price hereunder to be increased, and (B) no adjustment to the Conversion Price pursuant to this clause (iii) shall be made as a result of any adjustment to the exercise and/or conversion price with respect to the Bayview Warrant, CEX Convertible Note or the Preferred Warrants pursuant to and in accordance with the antidilution protection provisions of such securities as in effect on May 31, 2000.

Appears in 2 contracts

Sources: Warrant Agreement (United Shipping & Technology Inc), Warrant Agreement (United Shipping & Technology Inc)

Change in Option Price or Conversion Rate. If the purchase price provided for in any OptionsOption, the additional consideration, consideration (if any, ) payable upon the issue, conversion or exchange of any Convertible SecuritiesSecurity, or the rate at which any Convertible Securities are Security is convertible into or exchangeable for Common Shares Securities changes at any time, except for changes to the Exchange Notes and Other Warrants, the Exercise Conversion Price in effect at the time of such change shall be adjusted immediately to the Exercise Conversion Price which would have been in effect at such time had such Options Option or Convertible Securities still outstanding Security originally provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or sold and the number of Common Shares issuable hereunder shall be correspondingly adjustedsold; provided, that if such adjustment of the Conversion Price would result in an increase of in the Exercise Conversion Price then in effect, such adjustment shall not be effective until 30 thirty (30) calendar days after written notice thereof has been given by the Company to all holders of the WarrantsPayees. For purposes of this paragraph 2BSection 8(c), if the terms of any Option or Convertible Security which was outstanding as of the date of issuance of this Warrant Note are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Shares Securities deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, that no such change shall at any time cause the Exercise Conversion Price hereunder to be increased.

Appears in 2 contracts

Sources: Note (Loud Technologies Inc), Subordination Agreement (Loud Technologies Inc)

Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issueissuance, conversion or exchange of any Convertible Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Shares changes Stock change (by their terms or by amendment, waiver or otherwise) at any time, except for changes to the Exchange Notes and Other Warrants, the Exercise Price in effect at the time number of such change shares of Warrant Stock acquirable upon exercise of this Warrant shall be adjusted immediately immediately, subject to the Exercise Price which proviso of the following sentence, to the number of shares that would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or sold and the number of Common Shares issuable hereunder shall be correspondingly adjusted; provided, that if such adjustment would result in an increase of the Exercise Price then in effect, such adjustment shall not be effective until 30 days after written notice thereof has been given by the Company to all holders of the Warrantssold. For purposes of this paragraph 2B, if the terms of any Option or Convertible Security which was outstanding as of the date Date of issuance Issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Shares Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, provided that no such change shall at any time cause the Exercise Price hereunder number of shares of Warrant Stock acquirable upon exercise of this Warrant to be increaseddecrease.

Appears in 1 contract

Sources: Warrant Agreement (U S Aggregates Inc)

Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon on the issue, conversion or exchange of any Convertible Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Ordinary Shares changes at any time, except for changes to the Exchange Notes and Other Warrants, the Exercise Price in effect at the time of such change shall will be adjusted immediately to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or sold and the number of Common shares of Ordinary Shares issuable hereunder shall will be correspondingly adjusted; provided, that if such adjustment would result in an increase of the Exercise Price then in effect, such adjustment shall not be effective until 30 days after written notice thereof has been given by the Company to all holders of the Warrants. For purposes of this paragraph 2B7.2, if the terms of any Option or Convertible Security which was outstanding as of the date of issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Ordinary Shares deemed issuable upon on exercise, conversion or exchange thereof shall will be deemed to have been issued as of the date of such change; provided, that . Notwithstanding the foregoing no such change shall will at any time cause the Exercise Price hereunder to be increased.

Appears in 1 contract

Sources: Note Purchase and Loan Agreement (Seven Seas Petroleum Inc)

Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Shares Stock changes at any time, except for changes to the Exchange Notes and Other Warrants, the Exercise Price in effect at the time of such change shall be adjusted immediately to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or sold and the number of shares of Common Shares Stock issuable hereunder shall be correspondingly adjusted; provided, provided that if such adjustment would result in an increase of the Exercise Price then in effect, such adjustment shall not be effective until 30 days after written notice thereof has been given by the Company to all holders of the Warrants. For purposes of this paragraph 2B, if the terms of any Option or Convertible Security which was outstanding as of the date of issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Shares Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, provided that no such change shall at any time cause the Exercise Price hereunder to be increased.

Appears in 1 contract

Sources: Stock Purchase Warrant (Delta Financial Corp)

Change in Option Price or Conversion Rate. If the purchase ----------------------------------------- price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Shares Stock changes at any time, except for changes to the Exchange Notes and Other Warrants, the Exercise Price in effect at the time of such change shall be adjusted immediately to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or sold and the number of shares of Common Shares Stock issuable hereunder shall be correspondingly adjusted; provided, provided that if no such adjustment would result in an increase of -------- change shall at any time cause the Exercise Price then in effect, such adjustment shall not hereunder to be effective until 30 days after written notice thereof has been given by the Company to all holders of the Warrantsincreased. For purposes of this paragraph 2B, if the terms of any Option or Convertible Security which was outstanding as of the date Date of issuance of this Warrant Issuance are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Shares Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, provided that no such change shall at any time cause the -------- Exercise Price hereunder to be increased.

Appears in 1 contract

Sources: Warrant Agreement (Novastar Financial Inc)

Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities, Aggregate Consideration or the rate at which any Convertible Securities are convertible into or exchangeable for Common Shares Stock changes at any time, except for changes to the Exchange Notes and Other Warrants, the Exercise Price in effect at the time of such change shall be immediately adjusted immediately to the Exercise Price which that would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration Aggregate Consideration or changed conversion rate, as the case may be, at the time initially granted, issued or sold and the number of Common Shares issuable hereunder shall be correspondingly adjustedsold; provided, that that, if such adjustment of the Exercise Price would result in an increase of in the Exercise Price then in effect, the Company will promptly give all Holders written notice of such increase; provided, further, that no adjustment shall not be effective until 30 days after written notice thereof has been given by the Company to all holders made hereunder as a result of a change of any such conversion rate as a result of the Warrantsissuance of securities for which an adjustment would otherwise be made under Section 6(a). For purposes of this paragraph 2BSection 6(c)(iii), if the terms of any Option or Convertible Security which that was outstanding as of the date of issuance of this Warrant hereof are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Shares Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, that that, no such change shall at any time cause the Exercise Price hereunder to be increasedincreased above the initial Exercise Price in effect upon issuance of Warrants on the date hereof.

Appears in 1 contract

Sources: Warrant Agreement (Photronics Inc)

Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities, Securities or the rate at which any Convertible Securities are convertible into or exchangeable for Common Shares Stock changes at any time, except for changes to the Exchange Notes and Other Warrants, the Exercise Conversion Price in effect at the time of such change shall be immediately adjusted immediately to the Exercise Conversion Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or sold and the number of Common Shares issuable hereunder shall be correspondingly adjustedsold; provided, provided that if such adjustment would result in an increase of the Exercise Conversion Price then in effect, such adjustment shall not be effective until 30 days after written notice thereof has been given by the Company to all holders of the WarrantsSeries A Preferred and Series B Preferred. For purposes of this paragraph 2B7C, if the terms of any Option or Convertible Security which was outstanding as of the date of issuance of this Warrant the Series A Preferred and Series B Preferred are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Shares Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, provided that no such change shall at any time cause the Exercise Conversion Price hereunder to be increased.

Appears in 1 contract

Sources: Preferred Stock Purchase Agreement (Lechters Inc)

Change in Option Price or Conversion Rate. If If, in the case of Options and Convertible Securities issued on or after the Date of Issuance, the purchase price provided for in any such Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any such Convertible Securities, Securities or the rate at which any such Convertible Securities are convertible into or exchangeable for Common Shares Stock changes at any time, except for changes to the Exchange Notes and Other Warrants, the Exercise Price in effect at the time of such change shall be immediately adjusted immediately to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or sold sold, and the number of shares of Common Shares Stock issuable hereunder shall be correspondingly adjusted; provided, that if such adjustment would result in an increase of the Exercise Price then in effect, such adjustment shall not be effective until 30 days after written notice thereof has been given by the Company to all holders of the Warrants. For purposes of this paragraph Section 2B, if the terms of any Option or Convertible Security which was outstanding as of the date Date of issuance of this Warrant Issuance are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Shares Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, that no such change shall at any time cause the Exercise Price hereunder to be increasedincreased or the number of shares of Common Stock issuable hereunder to be decreased.

Appears in 1 contract

Sources: Warrant Agreement (Penton Media Inc)

Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Shares Stock changes at any time, except for changes to the Exchange Notes and Other Warrants, the Exercise Price in effect at the time of such change shall be adjusted immediately to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or sold and the number of Common Warrant Shares issuable hereunder shall be correspondingly adjusted; provided, that if such adjustment would result in an increase of the Exercise Price then in effect, such adjustment shall not be effective until 30 days after written notice thereof has been given by the Company to all holders of the Warrants. For purposes of this paragraph Section 2B, if the terms of any Option or Convertible Security which was outstanding as of the date of issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Shares Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; providedPROVIDED, that (A) no such change shall at any time cause the Exercise Price hereunder to be increased, and (B) no adjustment to the Conversion Price pursuant to this clause (iii) shall be made as a result of any adjustment to the exercise and/or conversion price with respect to the Bayview Warrant, CEX Convertible Note or the Preferred Warrants pursuant to and in accordance with the anti-dilution protection provisions of such securities as in effect on May 31, 2000.

Appears in 1 contract

Sources: Warrant Agreement (United Shipping & Technology Inc)

Change in Option Price or Conversion Rate. If the purchase ----------------------------------------- price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities, Securities or the rate at which any Convertible Securities are convertible into or exchangeable for Common Shares Units changes at any time, except the Conversion Price for changes to the Exchange Notes and Other Warrants, the Exercise Price each series of Preferred Units in effect at the time of such change shall be immediately adjusted immediately to the Exercise applicable Conversion Price which would have been in effect for such series of Preferred Units at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or sold and the number of Common Shares issuable hereunder shall be correspondingly adjusted; provided, that if such adjustment would result in an increase of the Exercise Price then in effect, such adjustment shall not be effective until 30 days after written notice thereof has been given by the Company to all holders of the Warrantssold. For purposes of this paragraph 2BSection 4.1(c), if the terms of any Option or -------------- Convertible Security which was outstanding as of the date of issuance of this Warrant the Preferred Units are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Shares Units deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, provided that -------- no such change shall at any time cause the Exercise Conversion Price hereunder for any series of Preferred Units to be increased.

Appears in 1 contract

Sources: Limited Liability Company Agreement (Comple Tel LLC)

Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange ex change of any Convertible Securities, or the rate at which any Convertible Securities are convertible into or exchangeable for Common Shares Stock changes at any time, except for changes to the Exchange Notes and Other Warrants, the Exercise Price in effect at the time of such change shall be adjusted immediately to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or sold and the number of shares of Common Shares issuable hereunder Stock shall be correspondingly adjusted; provided, that if such adjustment would result in an increase of the Exercise Price then in effect, such adjustment shall not be effective until 30 days after written notice thereof has been given by the Company to all holders of the Warrants. For purposes of this paragraph Section 2B, if the terms of any Option or Convertible Security which was outstanding as of the date of issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Shares Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, provided that no such change shall at any time cause the Exercise Price hereunder to be increased.

Appears in 1 contract

Sources: Senior Subordinated Note, Preferred Stock and Warrant Purchase Agreement (Zimmerman Sign Co)

Change in Option Price or Conversion Rate. If the purchase price provided for in any Options, the additional consideration, if any, payable upon the issue, conversion or exchange of any Convertible Securities, Securities or the rate at which any Convertible Securities are convertible into or exchangeable for Common Shares Stock changes at any time, except for changes to the Exchange Notes and Other Warrants, the Exercise Price in effect at the time of such change shall be immediately adjusted immediately to the Exercise Price which would have been in effect at such time had such Options or Convertible Securities still outstanding provided for such changed purchase price, additional consideration or changed conversion rate, as the case may be, at the time initially granted, issued or sold and the number of Common Shares issuable hereunder shall be correspondingly adjustedsold; providedPROVIDED, that if such adjustment would result in an increase of the Exercise Price then in effect, such adjustment shall not be effective until 30 days after written notice thereof has been given by the Company Corporation to all holders of the WarrantsShares. For purposes of this paragraph 2BSection 2(b), if the terms of any Option or Convertible Security which was outstanding as of the date of issuance of this Warrant are changed in the manner described in the immediately preceding sentence, then such Option or Convertible Security and the Common Shares Stock deemed issuable upon exercise, conversion or exchange thereof shall be deemed to have been issued as of the date of such change; provided, PROVIDED that no such change shall at any time cause the Exercise Price hereunder to be increased.

Appears in 1 contract

Sources: Securities Purchase Agreement (T F Purifiner Inc)