No Adjustment of Exercise Price. No adjustment in the Exercise Price shall be made in respect of the issuance of Additional Shares of Common Stock unless the consideration per share (determined pursuant to Section 9.5 hereof) for an Additional Share of Common Stock issued or deemed to be issued by the Company is less than the Exercise Price in effect on the date of, and immediately prior to, such issue.
Appears in 2 contracts
Sources: Warrant Agreement (First Montauk Financial Corp), Warrant Agreement (First Montauk Financial Corp)
No Adjustment of Exercise Price. No Any provision herein to the contrary notwithstanding, no adjustment in to the Exercise Price shall be made in respect of the issuance of Additional Shares of Common Stock unless the consideration per share (determined pursuant to Section 9.5 7(e)(v) hereof) for an Additional Share of Common Stock issued or deemed to be issued by the Company is less than the Exercise Price in effect on the date of, and immediately prior to, such issue.
Appears in 2 contracts
Sources: Restructuring Agreement (Emisphere Technologies Inc), Letter Agreement (Emisphere Technologies Inc)
No Adjustment of Exercise Price. No adjustment in to the Exercise Price shall be made in respect as the result of the issuance of Additional Shares of Common Stock unless if the consideration per share (determined pursuant to Section 9.5 hereof5.1(e)) for an such Additional Share Shares of Common Stock issued or deemed to be issued by the Company is less equal to or greater than the Exercise Price in effect on the date of, and immediately prior to, to the issuance or deemed issuance of such issueAdditional Shares of Common Stock.
Appears in 2 contracts
Sources: Warrant Agreement (VerifyMe, Inc.), Warrant Agreement (VerifyMe, Inc.)
No Adjustment of Exercise Price. No Any provision herein to the contrary notwithstanding, no adjustment in the Exercise Price shall be made in respect of the issuance of Additional Shares of Common Stock unless the consideration per share (determined pursuant to Section 9.5 subsection 4(a)(v) hereof) for an Additional Share of Common Stock issued or deemed to be issued by the Company is less than the Exercise Price Price, in effect on immediately prior to the date of, and immediately prior to, of such issue.
Appears in 1 contract
Sources: Warrant Agreement (Saflink Corp)
No Adjustment of Exercise Price. No Any provision herein to the contrary notwithstanding, no adjustment in the Exercise Price shall be made in respect of the issuance of Additional Shares of Common Stock unless the consideration per share (determined pursuant to Section 9.5 11.1(e) hereof) for an Additional Share of Common Stock issued or deemed to be issued by the Company is less than the Exercise Price in effect on the date of, and immediately prior to, such issue.
Appears in 1 contract
Sources: Common Stock Warrant (Perma Fix Environmental Services Inc)
No Adjustment of Exercise Price. No Any provision herein to the ------------------------------- contrary notwithstanding, no adjustment in the Exercise Price shall be made in respect of the issuance of Additional Shares of Common Stock unless the consideration per share (determined pursuant to Section 9.5 8(d) hereof) for an Additional Share of Common Stock issued or deemed to be issued by the Company is less than the Exercise Price in effect on the date of, and immediately prior to, to such issue.
Appears in 1 contract
Sources: License and Supply Agreement (Advanced Tissue Sciences Inc)