Treatment of Expired Options and Unexercised Convertible Securities. Upon the expiration of any Option or the termination of any right to convert or exchange any Convertible Security without the exercise of any such Option or right, the Conversion Price then in effect hereunder shall be adjusted immediately to the Conversion Price which would have been in effect at the time of such expiration or termination had such Option or Convertible Security, to the extent outstanding immediately prior to such expiration or termination, never been issued; provided that if such expiration or termination would result in an increase in the Conversion Price then in effect, such increase shall not be effective until 30 days after written notice thereof has been given to all holders of the Loans. For purposes of paragraph 1C, the expiration or termination of any Option or Convertible Security which was outstanding as of the date of issuance of the Loans shall not cause the Conversion Price hereunder to be adjusted unless, and only to the extent that, a change in the terms of such Option or Convertible Security caused it to be deemed to have been issued after the date of issuance of the Loans.
Appears in 2 contracts
Sources: Conversion Agreement (Focal Communications Corp), Conversion Agreement (Focal Communications Corp)
Treatment of Expired Options and Unexercised Convertible Securities. Upon the expiration of any Option or the termination of any right to convert or exchange any Convertible Security Securities without the exercise of any such Option or right, the Conversion Price then in effect hereunder shall be adjusted immediately to the Conversion Price which would have been in effect at the time of such expiration or termination had such Option or Convertible SecuritySecurities, to the extent outstanding immediately prior to such expiration or termination, never been issued; provided provided, that if such expiration or termination would result in an increase in the Conversion Price then in effect, such increase shall not be effective until 30 thirty (30) calendar days after written notice thereof has been given to all holders of the LoansPayees. For purposes of paragraph 1Cthis Section 8(c), the expiration or termination of any Option or Convertible Security which was outstanding as of the date of issuance of the Loans this Note shall not cause the Conversion Price hereunder to be adjusted unless, and only to the extent that, a change in the terms of such Option or Convertible Security caused it to be deemed to have been issued after the date of issuance of the Loansthis Note.
Appears in 2 contracts
Sources: Note (Loud Technologies Inc), Subordination Agreement (Loud Technologies Inc)
Treatment of Expired Options and Unexercised Convertible Securities. Upon the expiration of any Option or the termination of any right to convert or exchange any Convertible Security Securities without the exercise of any such Option or right, the Conversion Exercise Price then in effect and the amount of Warrant Equity acquirable hereunder shall be adjusted immediately to the Conversion Exercise Price which would have been in effect at the time of such expiration or termination had such Option or Convertible SecuritySecurities, to the extent outstanding immediately prior to such expiration or termination, never been issued; provided provided, that if such expiration or termination would result in an increase in the Conversion Exercise Price then in effect, such increase shall not be effective until 30 days after written notice thereof has been given to all holders of the LoansHolders. For purposes of paragraph 1Cthis Section, the expiration or termination of any Option or Convertible Security which was outstanding as of the date of issuance of the Loans this Warrant shall not cause the Conversion Exercise Price hereunder to be adjusted unless, and only to the extent that, a change in the terms of such Option or Convertible Security caused it to be deemed to have been issued after the date of issuance of the Loansthis Warrant.
Appears in 1 contract
Sources: Warrant and Repurchase Agreement (Polydex Pharmaceuticals LTD/Bahamas)
Treatment of Expired Options and Unexercised Convertible Securities. Upon the expiration of any Option or the termination of any right to convert or exchange any Convertible Security without the exercise of any such Option or right, the Series A Conversion Price then in effect hereunder shall be adjusted immediately to the Series A Conversion Price which that would have been in effect at the time of such expiration or termination had such Option or Convertible Security, to the extent outstanding immediately prior to such expiration or termination, never been issued; provided that provided, that, if such expiration or termination would result in an increase in the Series A Conversion Price then in effect, such increase shall not be effective until 30 days after written notice thereof has been given to the Corporation will promptly give all holders of the LoansSeries A Preferred written notice of such increase. For purposes of paragraph 1Cthis Section 7(c)(iv), the expiration or termination of any Option or Convertible Security which that was outstanding as of the date of issuance of the Loans Series A Original Issuance Date shall not cause the Series A Conversion Price hereunder to be adjusted unless, and only to the extent that, a change in the terms of such Option or Convertible Security caused it to be deemed to have been issued after the date of issuance of the LoansSeries A Original Issuance Date.
Appears in 1 contract
Sources: Series a Preferred Stock Purchase Agreement (Xstream Systems Inc)
Treatment of Expired Options and Unexercised Convertible Securities. Upon the expiration of any Option or the termination of any right to convert or exchange any Convertible Security without the exercise of any such Option or right, the Series B Conversion Price then in effect hereunder shall be adjusted immediately to the Series B Conversion Price which that would have been in effect at the time of such expiration or termination had such Option or Convertible Security, to the extent outstanding immediately prior to such expiration or termination, never been issued; provided that provided, that, if such expiration or termination would result in an increase in the Series B Conversion Price then in effect, such increase shall not be effective until 30 days after written notice thereof has been given to the Corporation will promptly give all holders of the LoansSeries B Preferred written notice of such increase. For purposes of paragraph 1Cthis Section 7(c)(iv), the expiration or termination of any Option or Convertible Security which that was outstanding as of the date of issuance of the Loans Series B Original Issuance Date shall not cause the Series B Conversion Price hereunder to be adjusted unless, and only to the extent that, a change in the terms of such Option or Convertible Security caused it to be deemed to have been issued after the date of issuance of the LoansSeries B Original Issuance Date.
Appears in 1 contract
Sources: Series a Preferred Stock Purchase Agreement (Xstream Systems Inc)
Treatment of Expired Options and Unexercised Convertible Securities. Upon the expiration of any Option or the termination of any right to convert or exchange any Convertible Security without the exercise of any such Option or right, the Series C Conversion Price then in effect hereunder shall be adjusted immediately to the Series C Conversion Price which that would have been in effect at the time of such expiration or termination had such Option or Convertible Security, to the extent outstanding immediately prior to such expiration or termination, never been issued; provided that provided, that, if such expiration or termination would result in an increase in the Series C Conversion Price then in effect, such increase shall not be effective until 30 days after written notice thereof has been given to the Corporation will promptly give all holders of the LoansSeries C Preferred written notice of such increase. For purposes of paragraph 1Cthis Section 7(c)(iv), the expiration or termination of any Option or Convertible Security which that was outstanding as of the date of issuance of the Loans Series C Original Issuance Date shall not cause the Series C Conversion Price hereunder to be adjusted unless, and only to the extent that, a change in the terms of such Option or Convertible Security caused it to be deemed to have been issued after the date of issuance of the LoansSeries C Original Issuance Date.
Appears in 1 contract
Sources: Series a Preferred Stock Purchase Agreement (Xstream Systems Inc)
Treatment of Expired Options and Unexercised Convertible Securities. Upon the expiration of any Option or the termination of any right to convert or exchange any Convertible Security Securities without the exercise of any such Option or right, the Conversion Exercise Price then in effect hereunder shall be adjusted immediately to the Conversion Exercise Price which that would have been in effect at the time of such expiration or termination had such Option or Convertible SecuritySecurities, to the extent outstanding immediately prior to such expiration or termination, never been issued; provided that if such expiration or termination would result in an increase in the Conversion Exercise Price then in effect, such increase shall not be effective until 30 days after written notice thereof has been given to all holders of the LoansWarrants. For purposes of this paragraph 1C2.2, the expiration or termination of any Option or Convertible Security which that was outstanding as of the date Date of issuance Issuance of the Loans this Warrant shall not cause the Conversion Exercise Price hereunder to be adjusted unless, and only to the extent that, a change in the terms of such Option or Convertible Security caused it to be deemed to have been issued after the date Date of issuance Issuance of the Loansthis Warrant.
Appears in 1 contract
Sources: Class B Senior Redeemable Preferred Stock Purchase Agreement (Preferred Networks Inc)
Treatment of Expired Options and Unexercised Convertible Securities. Upon the expiration of any Option or the termination of any right to convert or exchange any Convertible Security Securities without the exercise of any such Option or right, the Conversion Exercise Price then in effect hereunder shall be adjusted immediately to the Conversion Exercise Price which would have been in effect at the time of such expiration or termination had such Option or Convertible SecuritySecurities, to the extent outstanding immediately prior to such expiration or termination, never been issued; provided that if such expiration or termination would result in an increase in the Conversion Exercise Price then in effect, such increase shall not be effective until 30 days after written notice thereof has been given to all holders of the LoansWarrants. For purposes of this paragraph 1C2B, the expiration or termination of any Option or Convertible Security which was outstanding as of the date of issuance of the Loans this Warrant shall not cause the Conversion Exercise Price hereunder to be adjusted unless, and only to the extent that, a change in the terms of such Option or Convertible Security caused it to be deemed to have been issued after the date of issuance of the Loansthis Warrant.
Appears in 1 contract
Treatment of Expired Options and Unexercised Convertible Securities. Upon the expiration of any Option or the termination of any right to convert or exchange any Convertible Security without the exercise of any such Option or right, the Conversion Exercise Price then in effect hereunder shall be adjusted immediately to the Conversion Exercise Price which would have been in effect at the time of such expiration or termination had such Option or Convertible Security, to the extent outstanding immediately prior to such expiration or termination, never been issued; provided PROVIDED that if such expiration or termination would result in an increase in the Conversion Exercise Price then in effect, such increase shall not be effective until 30 days after written notice thereof has been given to all holders of the LoansHolder. For purposes of paragraph 1Cthis Section 2(b), the expiration or termination of any Option or Convertible Security which was outstanding as of the date of issuance of the Loans this Warrant shall not cause the Conversion Exercise Price hereunder to be adjusted unless, and only to the extent that, a change in the terms of such Option or Convertible Security caused it to be deemed to have been issued after the date of issuance of the Loanssuch Warrant.
Appears in 1 contract
Treatment of Expired Options and Unexercised Convertible Securities. Upon the expiration of any Option or the termination of any right to convert or exchange any Convertible Security without the exercise of any such Option or right, the Conversion Price then in effect hereunder shall be adjusted immediately to the Conversion Price which would have been in effect at the time of such expiration or termination had such Option or Convertible Security, to the extent outstanding immediately prior to such expiration or termination, never been issued; provided that if such expiration or termination would result in an increase in the Conversion Price then in effect, such increase shall not be effective until 30 days after written notice thereof has been given to all holders of the LoansSeries A Preferred and Series B Preferred. For purposes of paragraph 1C7C, the expiration or termination of any Option or Convertible Security which was outstanding as of the date of issuance of the Loans Series A Preferred and Series B Preferred shall not cause the Conversion conversion Price hereunder to be adjusted unless, and only to the extent that, a change in the terms of such Option or Convertible Security caused it to be deemed to have been issued after the date of issuance of the LoansSeries A Preferred and Series B Preferred.
Appears in 1 contract
Treatment of Expired Options and Unexercised Convertible Securities. Upon the expiration (but not the extension) of any Option or the termination of any right to convert or exchange any Convertible Security Securities without the exercise of any such Option or right, the Conversion Base Price then in effect and the amount of Common Stock acquirable hereunder shall be adjusted immediately to the Conversion Base Price which would have been in effect at the time of such expiration or termination had such Option or Convertible SecuritySecurities, to the extent outstanding immediately prior to such expiration or termination, never been issued; provided provided, that if such expiration or termination would result in an increase in the Conversion Base Price then in effect, such increase shall not be effective until 30 days after written notice thereof has been given to all holders of the LoansHolders. For purposes of paragraph 1Cthis Section, the expiration or termination of any Option or Convertible Security which was outstanding as of the date of issuance of the Loans this Warrant shall not cause the Conversion Base Price hereunder to be adjusted unless, and only to the extent that, a change in the terms of such Option or Convertible Security caused it to be deemed to have been issued after the date of issuance of the Loansthis Warrant.
Appears in 1 contract
Treatment of Expired Options and Unexercised Convertible Securities. Upon the expiration of any Option or the termination of any right to convert or exchange any Convertible Security without the exercise of any such Option or right, the Conversion Price then in effect hereunder shall be adjusted immediately to the Conversion Price which would have been in effect at the time of such expiration or termination had such Option or Convertible Security, to the extent outstanding immediately prior to such expiration or termination, never been issued; provided that if such expiration or termination would result in an increase in the Conversion Price then in effect, such increase shall not be effective until 30 thirty (30) days after written notice thereof has been given to all holders of the LoansNotes. For purposes of paragraph 1C5(c), the expiration or termination of any Option or Convertible Security which was outstanding as of the date of issuance of the Loans Preferred Stock shall not cause the Conversion Price hereunder to be adjusted unless, and only to the extent that, a change in the terms of such Option or Convertible Security caused it to be deemed to have been issued after the date of issuance of the Loansthis Note.
Appears in 1 contract
Sources: Securities Purchase Agreement (Covol Technologies Inc)