No Adjustment of Conversion Price. No adjustment in the Conversion Price shall be made in respect of the issuance of Additional Shares of Common Stock or otherwise, unless the consideration per share for such Additional Shares of Common Stock issued or deemed to be issued by the Company is less than the Conversion Price in effect on the date of, and immediately prior to, the issue of such Additional Shares.
Appears in 2 contracts
Sources: Note (Performance Health Technologies Inc), Note (Performance Health Technologies Inc)
No Adjustment of Conversion Price. No Any provision herein to the contrary notwithstanding, no adjustment in the applicable Conversion Price shall be made in respect of the issuance of Additional Shares of Common Stock or otherwise, unless the consideration per share (determined pursuant to Section 4.d(v) hereof) for such an Additional Shares Share of Common Stock issued or deemed to be issued by the Company is less than the applicable Conversion Price in effect on the date of, and immediately prior to, the issue of to such Additional Sharesissue.
Appears in 2 contracts
Sources: Cooperative Agreement (Amyris, Inc.), Cooperative Agreement (Amyris, Inc.)
No Adjustment of Conversion Price. No adjustment in the Conversion Price shall be made in respect of the issuance of Additional Common Shares of Common Stock or otherwise, unless the consideration per share (determined pursuant to Section 7(e) hereof) for such an Additional Shares of Common Stock Share issued or deemed to be issued by the Company Corporation is less than the Conversion Price for such share in effect on the date of, and immediately prior to, the issue of such Additional Sharesissue.
Appears in 2 contracts
Sources: Exchange Agreement (Alpine Group Inc /De/), Series C Preferred Stock Purchase Agreement (Alpine Group Inc /De/)
No Adjustment of Conversion Price. No Any provision herein to the contrary notwithstanding, no adjustment in the Conversion Price shall be made in respect of the issuance of Additional Shares of Common Stock or otherwise, unless the consideration per share (determined pursuant to Section 6(d)(v) hereof) for such an Additional Shares Share of Common Stock issued or deemed to be issued by the Company Corporation is less than the Conversion Price in effect on the date of, and immediately prior to, the issue of to such Additional Sharesissue.
Appears in 1 contract
No Adjustment of Conversion Price. No Any provision herein to the contrary notwithstanding, no adjustment in of the Conversion Price shall be made in respect of the issuance of Additional Shares of Common Stock or otherwise, unless the consideration per share for such an Additional Shares Share of Common Stock issued or deemed to be issued by the Company is less than the Conversion Price in effect on the date of, and immediately prior to, the issue of such Additional Sharesissue.
Appears in 1 contract
No Adjustment of Conversion Price. No adjustment in the Conversion Price shall be made in respect of the issuance of Additional Shares of Common Stock or otherwise, (a) unless the consideration per share (determined pursuant to Section 6(e)(6)) for such an Additional Shares Share of Common Stock issued or deemed to be issued by the Company Corporation is less than the applicable Conversion Price in effect on the date of, and immediately prior to, such issue or (b) if prior to such issuance the issue Required Holders give a written waiver of such Additional Sharesadjustment.
Appears in 1 contract
Sources: Merger Agreement (Medical Industries of America Inc)
No Adjustment of Conversion Price. No adjustment in of the Conversion Price shall be made Price, in respect of the issuance of Additional Shares of Common Stock or otherwise, shall be made unless the consideration per share for such Additional Shares of Common Stock issued or deemed to be issued by the Company Corporation is less than the Conversion Price in effect on the date of, and immediately prior to, the issue of such Additional SharesShares of Common Stock.
Appears in 1 contract
Sources: Stock Purchase Agreement (Eroomsystem Technologies Inc)
No Adjustment of Conversion Price. No adjustment in the Conversion Price shall be made in respect of the issuance of Additional Shares of Common Stock or otherwise, unless the consideration per share (determined in accordance with Section 3.3(e) hereof) for such an Additional Shares Share of Common Stock issued or deemed to be issued by the Company is less than the Conversion Price in effect on the date of, and immediately prior to, the issue of such Additional Sharesissuance.
Appears in 1 contract
No Adjustment of Conversion Price. No adjustment in the Conversion Price shall be made in respect of the issuance of Additional Shares of Common Stock or otherwise, (a) unless the consideration per share (determined pursuant to Section 4.5.5) for such an Additional Shares Share of Common Stock issued or deemed to be issued by the Company is less than the applicable Conversion Price in effect on the date of, and immediately prior to, such issue, or (b) if prior to such issuance, the issue holder of the Convertible Note(s) gives a written waiver of such Additional Sharesadjustment.
Appears in 1 contract
Sources: Convertible Note (Sedona Corp)
No Adjustment of Conversion Price. No Any provision herein to the contrary notwithstanding, no adjustment in the Conversion Price shall be made in respect of the issuance of Additional Shares of Common Stock or otherwise, unless the consideration per share (determined pursuant to Section C.3(d)(v)) for such an Additional Shares Share of Common Stock issued or deemed to be issued by the Company Corporation is less than the Conversion Price in effect on the date of, and immediately prior to, the issue of such Additional Sharesissue.
Appears in 1 contract
Sources: Series a Preferred Stock Purchase Agreement (Encore Medical Corp)
No Adjustment of Conversion Price. No Any provision herein to the contrary notwithstanding, no adjustment in the Conversion Price shall be made in respect of the issuance of Additional Shares of Common Stock unless the Additional Shares of Common Stock are issued without consideration or otherwise, unless the consideration per share (determined pursuant to Section 5(k)(1)(D)) for such an Additional Shares Share of Common Stock issued or deemed to be issued by the Company Corporation is less than the applicable Conversion Price in effect on the date of, and immediately prior to, the issue of such Additional SharesPrice.
Appears in 1 contract