Common use of Re-Adjustment Clause in Contracts

Re-Adjustment. If, at any time after any adjustment to the number of Shares of Common Stock issuable upon conversion of the Series E Preferred Stock and the Conversion Price shall have been made pursuant to this Section 5.4(f) any rights, options, warrants, or other securities convertible into or exchangeable for shares of Common Stock shall have expired, or any thereof shall not have been exercised, the Conversion Price and the number of shares of Conversion Stock issuable upon conversion of the Series E Preferred Stock shall, upon such expiration, be readjusted and shall thereafter be such as it would have been had it been originally adjusted (or had the original adjustment not been required, as the case me be) as if (i) the only shares of Common Stock offered were the shares of Common Stock, if any, actually issued or sold upon the exercise of such rights, options or warrants and (ii) such shares of Common Stock, if any, were issued or sold for the consideration actually received by the Corporation for the issuance, sale or grant of all such rights, options or warrants whether or not exercised; provided, further that no such readjustment shall have the effect of increasing the Conversion Price or decreasing the number of shares of Conversion Stock issuable upon conversion of the Series E Preferred Stock by an amount (calculated by adjusting such increase or decrease as appropriate to account for all other adjustments pursuant to this Section 5.4(f) following the date of the original adjustment referred to above) in excess of the amount of the adjustment initially made in respect of the issuance, sale or grant of such rights, options or warrants.

Appears in 1 contract

Sources: Securities Purchase Agreement (Bioject Medical Technologies Inc)

Re-Adjustment. If, at any time after any adjustment to the number of ------------- Warrant Shares of Common Stock issuable upon conversion exercise of this Warrant or the Series E Preferred Stock and the Conversion Exercise Price shall have been made pursuant to clause (e) of this Section 5.4(f) 5, any rights, options, warrants, warrants or other securities convertible into or exchangeable for shares of Common Stock shall have expired, or any thereof shall not have been exercised, the Conversion Exercise Price and the number of shares of Conversion Stock Warrant Shares issuable upon conversion exercise of the Series E Preferred Stock this Warrant shall, upon such expiration, be readjusted and shall thereafter be such as it would have been had it been originally adjusted (or had the original adjustment not been required, as the case me may be) as if (iA) the only shares of Common Stock offered were the shares of Common Stockcommon stock, if any, actually issued or sold upon the exercise of such rights, options or warrants and (iiB) such shares of Common Stock, if any, were issued or sold for the consideration actually received by the Corporation Company upon such exercise plus the aggregate consideration, if any, actually received by the Company for the issuance, sale or grant of all such rights, options or warrants whether or not exercised; provided, further that no such readjustment shall have the effect of increasing the Conversion Exercise Price or decreasing the number of shares of Conversion Stock Warrant Shares issuable upon conversion exercise of the Series E Preferred Stock this Warrant by an amount (calculated by adjusting such increase or decrease as appropriate to account for all other adjustments pursuant to this Section 5.4(f) 5 following the date of the original adjustment referred to above) in excess of the amount of the adjustment initially made in respect of the issuance, sale or grant of such rights, options or warrants.

Appears in 1 contract

Sources: Warrant Agreement (Cytogen Corp)