Common use of Restrictions on Adjustments Clause in Contracts

Restrictions on Adjustments. (i) Except in accordance with Section 5(a) and Section 5(b), the Exercise Price and the Aggregate Number will not be adjusted for the issuance of Common Stock or other securities of the Company. (ii) For the avoidance of doubt, except as otherwise provided in Section 5(a) and Section 5(b), neither the Exercise Price nor the Aggregate Number will be adjusted: (A) upon the issuance of any shares of Common Stock or other securities or any payments pursuant to any equity incentive plan of the Company; (B) upon any issuance of any shares of Common Stock pursuant to the exercise of the Warrant; (C) upon the offer and sale of shares of Common Stock by the Company in a primary offering; (D) upon the issuance of shares of Common Stock or other securities of the Company in connection with a business acquisition transaction; or (E) upon the issuance of any shares of Common Stock or other securities of the Company in any financing transaction with a third party.

Appears in 2 contracts

Sources: Common Stock Purchase Warrant (Boxed, Inc.), Common Stock Purchase Warrant (Boxed, Inc.)