Common use of No Adjustment for Certain Transactions Clause in Contracts

No Adjustment for Certain Transactions. ‌ For greater certainty, no adjustment in the Exercise Price shall be made pursuant to Section 4.1 in respect of the issue from time to time: (a) of Common Shares purchasable on exercise of the Warrants represented by Warrant Certificates as contemplated herein; (b) of dividends paid in the ordinary course of Common Shares to holders of Common Shares who exercise an option or election to receive substantially equivalent dividends in Common Shares in lieu of receiving a cash dividend pursuant to a dividend reinvestment plan or similar plan adopted by the Company in accordance with the requirements of the stock exchange on which the Common Shares are listed for trading and applicable securities laws; or (c) of Common Shares pursuant to any stock option, stock option plan, stock purchase plan or benefit plan in force at the date hereof for directors, officers, employees, advisers or consultants of the Company, as such option or plan is amended or superseded from time to time in accordance with the requirements of the stock exchange on which the Common Shares are listed for trading and applicable securities laws, and such other stock option, stock option plan, stock purchase plan or benefit plan as may be adopted by the Company in accordance with the requirements of the stock exchange on which the Common Shares are listed for trading and applicable securities laws; (d) of Common Shares as payment of interest on any outstanding notes; or (e) of the issuance of securities in connection with strategic license agreements and other partnering arrangements of the Company or any subsidiary thereof; and any such issue shall be deemed not to be a Common Share Reorganization.

Appears in 1 contract

Sources: Warrant Indenture

No Adjustment for Certain Transactions. ‌ For greater certainty, no adjustment in the Exercise Price shall be made pursuant to Section 4.1 in respect of the issue from time to time: (a) of Common Shares purchasable on exercise of the Warrants represented by Warrant Certificates as contemplated herein; (b) of dividends paid in the ordinary course of Common Shares to holders of Common Shares who exercise an option or election to receive substantially equivalent dividends in Common Shares in lieu of receiving a cash dividend pursuant to a dividend reinvestment plan or similar plan adopted by the Company in accordance with the requirements of the stock exchange on which the Common Shares are listed for trading and applicable securities laws; or (c) of Common Shares pursuant to any stock option, stock option plan, stock purchase plan or benefit plan in force at the date hereof for directors, officers, employees, advisers or consultants of the Company, as such option or plan is amended or superseded from time to time in accordance with the requirements of the stock exchange on which the Common Shares are listed for trading and applicable securities laws, and such other stock option, stock option plan, stock purchase plan or benefit plan as may be adopted by the Company in accordance with the requirements of the stock exchange on which the Common Shares are listed for trading and applicable securities laws;laws;‌ (d) of Common Shares as payment of interest on any outstanding notes; or (e) of the issuance of securities in connection with strategic license agreements and other partnering arrangements of the Company or any subsidiary thereof; and any such issue shall be deemed not to be a Common Share Reorganization.

Appears in 1 contract

Sources: Warrant Indenture