Diluting Issuances Sample Clauses

Diluting Issuances. The parties hereto acknowledge that in the event of a dilutive issuance as described in Article IV(B)(4)(d)(i) of the Certificate (such provision, the “Provision”) by the Company after the Issuance Date, without any action by the Company or the Registered Holder hereunder, the number of shares of Common Stock issuable upon conversion of the Series B Preferred Stock (including the Series B Preferred Stock issuable upon the exercise of this Warrant as set forth herein) shall be adjusted in accordance with the Provision. Under no circumstances shall the number of shares of Warrant Stock issuable or the Exercise Price payable by the Registered Holder upon exercise of the Warrant increase or decrease as a result of any adjustment arising under the Provision.
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Diluting Issuances. In the event of an issuance or sale by the Company of any shares of Common Stock, warrants, options or other rights to subscribe for or acquire shares of Common Stock (collectively, "Options") or securities convertible into, or exchangeable for, shares of Common Stock (collectively "Convertible Securities"), or any change in the terms and conditions of any Options or Convertible Securities such that shares of Common Stock are to be issued or sold pursuant thereto, for a consideration per share less than the Purchase Price in effect immediately prior to such issuance or sale, then the Purchase Price in effect immediately prior to such issuance or sale shall be reduced to such lesser consideration; provided, however, that no adjustment pursuant to this Section 3.3 shall be applicable in connection with the issuance or sale of (i) any securities issued by reason of a dividend, stock split, split-up, reorganization or reclassification or other distribution of shares of Common Stock that is covered by Section 3.1 or 3.2, (ii) securities issued to employees (other than executive officers) of the Company pursuant to a plan adopted by the Board of Directors of the Company, and (iii) securities issued upon exercise or conversion of any option, warrant or convertible security outstanding, and in accordance with the terms and conditions (including the number of shares issuable pursuant thereto and the exercise price therefor) in effect, on the date hereof.
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Diluting Issuances. The Registered Holder shall be entitled to ------------------ the benefit of all adjustments in the number of shares of Common Stock of the Company issuable upon conversion of the Warrant Shares which occur prior to the exercise of this Warrant, including without limitation any increase in the number of such shares of Common Stock issuable upon conversion as a result of a dilutive issuance of capital stock.
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Diluting Issuances. Special Definitions. For purposes of this subsection 3(b),
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Diluting Issuances 
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Related to Diluting Issuances

  • Adjustments for Diluting Issuances Without duplication of any adjustment otherwise provided for in this Section 2, the number of shares of common stock issuable upon conversion of the Shares shall be subject to anti-dilution adjustment from time to time in the manner set forth in the Company’s Certificate of Incorporation as if the Shares were issued and outstanding on and as of the date of any such required adjustment.

  • Dilutive Issuances For so long as any Notes or Warrants remain outstanding, the Company shall not, in any manner, enter into or affect any Dilutive Issuance (as defined in the Notes) if the effect of such Dilutive Issuance is to cause the Company to be required to issue upon conversion of any Notes or exercise of any Warrant any shares of Common Stock in excess of that number of shares of Common Stock which the Company may issue upon conversion of the Notes and exercise of the Warrants without breaching the Company’s obligations under the rules or regulations of the Principal Market.

  • VALID ISSUANCES The Securities are duly authorized and, when issued and paid for in accordance with the applicable Transaction Documents, will be duly and validly issued, fully paid, and non-assessable, free and clear of all Liens imposed by the Company other than restrictions on transfer provided for in the Transaction Documents.

  • Issuances The Shares to be issued hereunder will be validly issued, fully paid and nonassessable.

  • Valid Issuance All shares of Common Stock issued upon the proper exercise of a Warrant in conformity with this Agreement shall be validly issued, fully paid and non-assessable.