Common use of Timing of Issuance of Additional Common Stock Upon Certain Adjustments Clause in Contracts

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder a due ▇▇▇▇ or other appropriate instrument evidencing such Warrantholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 98 contracts

Sources: Warrant Agreement (Hawaiian Holdings Inc), Warrant Agreement (American Airlines, Inc.), Warrant Agreement (Skywest Inc)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 12 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the a Warrantholder of this Warrant Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder a due ▇▇▇▇ or other appropriate instrument evidencing such Warrantholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 20 contracts

Sources: Warrant Agreement, Warrant Agreement, Warrant Agreement (Cathay General Bancorp)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder a due ▇▇▇▇ bill or other appropriate instrument evidencing such Warrantholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 8 contracts

Sources: Warrant Agreement (Mesa Air Group Inc), Warrant Agreement (Mesa Air Group Inc), Warrant Agreement (Mesa Air Group Inc)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 12 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the a Warrantholder of this Warrant Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that that, upon request, the Company upon request shall deliver to such Warrantholder a due ▇▇▇▇ or other appropriate instrument evidencing such Warrantholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 6 contracts

Sources: Warrant Agreement, Warrant Agreement, Warrant Agreement (Hartford Financial Services Group Inc/De)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 shall require that an adjustment shall become effective immediately after a record date for an event, the Company Corporation may defer until the occurrence of such event (i) issuing to the Warrantholder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company Corporation upon request shall deliver to such Warrantholder a due ▇▇▇▇ or other appropriate instrument evidencing such Warrantholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 4 contracts

Sources: Securities Purchase Agreement (Velocity Financial, Inc.), Securities Purchase Agreement (Occidental Petroleum Corp /De/), Securities Purchase Agreement (Bank of America Corp /De/)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder a due b▇▇▇ or other appropriate instrument evidencing such Warrantholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 4 contracts

Sources: Warrant Agreement (United Airlines, Inc.), Warrant Agreement (Mesa Air Group Inc), Warrant Agreement (United Airlines, Inc.)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 8 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder holder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder holder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder holder a due b▇▇▇ or other appropriate instrument evidencing such Warrantholderholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 4 contracts

Sources: Warrant Agreement (Resource America, Inc.), Note Purchase Agreement (Resource America Inc), Transfer and Contribution Agreement (Resource America, Inc.)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 12 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the a Warrantholder of this Warrant Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that that, upon request, the Company upon request shall deliver to such Warrantholder a due ▇▇▇▇ bill or other appropriate instrument evidencing such Warrantholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 3 contracts

Sources: Warrant Agreement, Warrant Agreement, Warrant Agreement

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock Shares issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock Shares issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common StockShare; provided, however, that the Company upon request shall deliver to such Warrantholder a due ▇▇▇▇ bill or other appropriate instrument evidencing such Warrantholder’s right to receive such additional sharesShares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 3 contracts

Sources: Warrant Agreement (Third Coast Bancshares, Inc.), Investment Agreement (Third Coast Bancshares, Inc.), Warrant Agreement (Third Coast Bancshares, Inc.)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 Article II shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (ia) issuing to the Warrantholder a Holder of this Warrant Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (iib) paying to such Warrantholder Holder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder Holder a due ▇▇▇▇ or other appropriate instrument evidencing such WarrantholderHolder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment, subject to any retroactive readjustment in accordance with Section 2.9(b).

Appears in 3 contracts

Sources: Warrant Agreement (KCG Holdings, Inc.), Merger Agreement (Knight Capital Group, Inc.), Merger Agreement (GETCO Holding Company, LLC)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 4 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder holder of this Warrant any Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder holder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder holder a due ▇▇▇▇ or other appropriate instrument evidencing such Warrantholderholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 3 contracts

Sources: Warrant Agreement (Coliseum Capital Management, LLC), Warrant Agreement (BioScrip, Inc.), Merger Agreement (BioScrip, Inc.)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 14 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder a due ▇▇▇▇ bill or other appropriate instrument evidencing such Warrantholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 3 contracts

Sources: Warrant Agreement (Team Inc), Warrant Agreement (Team Inc), Securities Purchase Agreement (Team Inc)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock Shares issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock Shares issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common StockShare; provided, however, that the Company upon request shall deliver to such Warrantholder a due ▇▇▇▇ or other appropriate instrument evidencing such Warrantholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 3 contracts

Sources: Securities Purchase Agreement (Pathfinder Bancorp, Inc.), Warrant Agreement (Pathfinder Bancorp, Inc.), Securities Purchase Agreement (Intermountain Community Bancorp)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 12 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder Holder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder Holder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder Holder a due ▇▇▇▇ or other appropriate instrument evidencing such WarrantholderHolder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 3 contracts

Sources: Warrant Agreement (Giga Tronics Inc), Securities Purchase Agreement (Giga Tronics Inc), Securities Purchase Agreement (Giga Tronics Inc)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 4 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder holder of this Warrant any Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder holder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon written request shall deliver to such Warrantholder holder a due ▇▇▇▇ or other appropriate instrument evidencing such Warrantholderholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 3 contracts

Sources: Warrant Agreement (Ares Management LLC), Warrant Agreement (BioScrip, Inc.), Warrant Agreement (Ares Management LLC)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 12 shall require that an adjustment shall become effective immediately after a record date for an event, or such later date as provided in Section 12(B), the Company may defer until the occurrence of such event (i) issuing to the a Warrantholder of this Warrant Warrants exercised after such record date or such later date as provided in Section 12(B) and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder a due ▇▇▇▇ or other appropriate instrument evidencing such Warrantholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 2 contracts

Sources: Warrant Agreement (Sears Holdings Corp), Warrant Agreement (Sears Holdings Corp)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder a due ▇▇▇▇ or other appropriate instrument evidencing such Warrantholder’s 's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 2 contracts

Sources: Investment Agreement (Gottschalks Inc), Purchase Agreement (Eex Corp)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 12 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder a due ▇▇▇▇ or other appropriate instrument evidencing such Warrantholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 2 contracts

Sources: Investment Agreement (United Western Bancorp Inc), Investment Agreement (DBD Cayman, Ltd.)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 12 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the a Warrantholder of this Warrant Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder a due b▇▇▇ or other appropriate instrument evidencing such Warrantholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 2 contracts

Sources: Warrant Agreement (First Financial Bancorp /Oh/), Warrant Agreement (TCF Financial Corp)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 12 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock Shares issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock Shares issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common StockShare; provided, however, that the Company upon request shall deliver to such Warrantholder a due ▇▇▇▇ bill or other appropriate instrument evidencing such Warrantholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Republic First Bancorp Inc), Securities Purchase Agreement (Republic First Bancorp Inc)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 5.1.5 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder holder of this Warrant exercised the Note converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise conversion before giving effect to such adjustment and (ii) paying to such Warrantholder holder any amount of cash in lieu of a fractional share of Common StockStock pursuant to Section 5.1.4; provided, however, provided that the Company upon request shall deliver to such Warrantholder holder a due ▇▇▇▇ bill or other appropriate instrument evidencing such Warrantholder’s holder's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Note and Warrant Purchase Agreement (Harris James T)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In Notwithstanding the foregoing, in any case in which the provisions of this Section 13 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder a due ▇▇bill ▇▇ or other appropriate instrument evidencing such Warrantholder’s 's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Preferred Stock and Warrant Purchase Agreement (Avaya Inc)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 4 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder holder of this Warrant any Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder holder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder holder a due b▇▇▇ or other appropriate instrument evidencing such Warrantholderholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Warrant Agreement (BioScrip, Inc.)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 6 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder Holder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder Holder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder Holder a due ▇▇▇▇ or other appropriate instrument evidencing such Warrantholder’s Holder s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Warrant Agreement (QCR Holdings Inc)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 Article V shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder holder of this Warrant any Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder holder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder holder a due ▇▇▇▇ or other appropriate instrument evidencing such Warrantholderholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Common Stock Warrant Agreement (BioScrip, Inc.)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 8 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (iA) issuing to the Warrantholder holder of any share of this Warrant exercised Debenture converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise conversion before giving effect to such adjustment and (iiB) paying to such Warrantholder holder any amount of cash in lieu of a fractional share of Common StockStock pursuant; provided, however, provided that the Company upon request shall deliver to such Warrantholder holder a due bill or other appropriate instru▇▇▇▇ or other appropriate instrument evidencing such Warrantholder’s holder's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Securities Purchase Agreement (Remote MDX Inc)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder a due ▇▇▇▇ or other appropriate instrument evidencing such Warrantholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.. #93152712v2

Appears in 1 contract

Sources: Warrant Agreement (Spirit Airlines, Inc.)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 12 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the a Warrantholder of this Warrant Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder a due b▇▇▇ or other appropriate instrument evidencing such Warrantholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Warrant Agreement (Mercantile Bancorp, Inc.)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 Article V shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder holder of this Warrant any Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder holder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder holder a due b▇▇▇ or other appropriate instrument evidencing such Warrantholderholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Common Stock Warrant Agreement (BioScrip, Inc.)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 12 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the a Warrantholder of this Warrant Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common Stock; Stock; provided, however, that the Company upon request shall deliver to such Warrantholder a due ▇▇▇▇ or other appropriate instrument evidencing such Warrantholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Warrant Agreement

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 14 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder a due ▇▇▇▇ or other appropriate instrument evidencing such Warrantholder’s 's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Investment Agreement (Gottschalks Inc)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 Part 3 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i1) issuing to the Warrantholder of this Warrant exercised Holder exercising after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii2) paying to such Warrantholder Holder any amount of cash in lieu of a fractional share of such Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder the Holder a due ▇▇▇▇ bill or other appropriate instrument evidencing such Warrantholder’s th▇ ▇▇lder's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Common Stock Purchase Warrant (Input Output Inc)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 Part 3 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i1) issuing to the Warrantholder of this Warrant exercised Holder exercising after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii2) paying to such Warrantholder Holder any amount of cash in lieu of a fractional share of such Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder the Holder a due ▇▇▇▇ bill or other appropriate instrument evidencing such Warrantholder’s the Holder's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Common Stock Purchase Warrant (SCF Iv Lp)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 12 shall require that an adjustment shall become effective immediately after a record date for an event, the Company Corporation may defer until the occurrence of such event (i) issuing to the Warrantholder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common StockStock or upon Cash Settlement; provided, however, that the Company Corporation upon request shall deliver to such Warrantholder a due ▇▇▇▇ or other appropriate instrument evidencing such Warrantholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Securities Purchase Agreement (Evergy Kansas Central, Inc.)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common Stock; providedprovided , howeverhowever , that the Company upon request shall deliver to such Warrantholder a due ▇▇▇▇ or other appropriate instrument evidencing such Warrantholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Letter Agreement (Oak Valley Bancorp)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 15 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder a due ▇▇▇▇ bill or other appropriate instrument evidencing such Warrantholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Warrant Agreement (Granite Point Mortgage Trust Inc.)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 8 shall require that an adjustment shall become effective immediately after a record date for an event, the Company Corporation may defer until the occurrence of such event (iA) issuing to the Warrantholder holder of any share of this Warrant exercised Debenture converted after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise conversion by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise conversion before giving effect to such adjustment and (iiB) paying to such Warrantholder holder any amount of cash in lieu of a fractional share of Common StockStock pursuant; provided, however, provided that the Company Corporation upon request shall deliver to such Warrantholder holder a due ▇▇▇▇ bill or other appropriate instrument evidencing instrume▇▇ ▇videncing such Warrantholder’s holder's right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Securities Purchase Agreement (Remote MDX Inc)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which If the provisions of this Section 13 10 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (ia) issuing to the Warrantholder a Holder of this Warrant Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (iib) paying to such Warrantholder Holder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that that, upon request, the Company upon request shall deliver to such Warrantholder Holder a due ▇▇▇▇ bill or other appropriate instrument evidencing such WarrantholderHolder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Warrant Agreement (First Pactrust Bancorp Inc)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 12 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder Holder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder Holder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder Holder a due b▇▇▇ or other appropriate instrument evidencing such WarrantholderHolder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Securities Purchase Agreement (Giga Tronics Inc)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 4 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder holder of this Warrant any Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder holder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon written request shall deliver to such Warrantholder holder a due b▇▇▇ or other appropriate instrument evidencing such Warrantholderholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Warrant Agreement (BioScrip, Inc.)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder a due ▇▇▇▇ or other appropriate instrument evidencing such Warrantholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Warrant Agreement (Skywest Inc)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 12 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder Holder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder Holder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder Holder a due ▇▇▇▇ bill or other appropriate instrument evidencing such WarrantholderHolder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Warrant to Purchase Common Stock (Giga Tronics Inc)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 4 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder holder of this Warrant any Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder holder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon written request of a holder shall deliver to such Warrantholder holder a due b▇▇▇ or other appropriate instrument evidencing such Warrantholderholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Warrant Agreement (Trinity Place Holdings Inc.)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which If the provisions of this Section 13 10 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (ia) issuing to the Warrantholder a Holder of this Warrant Warrants exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (iib) paying to such Warrantholder Holder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that that, upon request, the Company upon request shall deliver to such Warrantholder Holder a due ▇▇▇▇ or other appropriate instrument evidencing such WarrantholderHolder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Merger Agreement (First Pactrust Bancorp Inc)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock Shares issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock Shares issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder any amount of cash in lieu of a fractional share of Common StockShare; provided, however, that the Company upon request shall deliver to such Warrantholder a due ▇▇▇▇ bill or other appropriate instrument evidencing such Warrantholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Securities Purchase Agreement (Bancorp 34, Inc.)

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 8 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder holder of this Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder holder any amount of cash in lieu of a fractional share of Common Stock; providedprovided , howeverhowever , that the Company upon request shall deliver to such Warrantholder holder a due ▇▇▇▇ or other appropriate instrument evidencing such Warrantholderholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Transfer and Contribution Agreement

Timing of Issuance of Additional Common Stock Upon Certain Adjustments. In any case in which the provisions of this Section 13 4 shall require that an adjustment shall become effective immediately after a record date for an event, the Company may defer until the occurrence of such event (i) issuing to the Warrantholder registered holder of this the Warrant exercised after such record date and before the occurrence of such event the additional shares of Common Stock issuable upon such exercise by reason of the adjustment required by such event over and above the shares of Common Stock issuable upon such exercise before giving effect to such adjustment and (ii) paying to such Warrantholder holder any amount of cash in lieu of a fractional share of Common Stock; provided, however, that the Company upon request shall deliver to such Warrantholder holder a due ▇▇▇▇ or other appropriate instrument evidencing such Warrantholderholder’s right to receive such additional shares, and such cash, upon the occurrence of the event requiring such adjustment.

Appears in 1 contract

Sources: Warrant Agreement (Pab Bankshares Inc)