Weighted Average Adjustment. If the Company issues Additional Common Shares after the date of the Warrant and the consideration per Additional Common Share (determined pursuant to Section 9) is less than the Warrant Price in effect immediately before such Issue (a "Diluting Issuance"), the Warrant Price in effect immediately before such Issue shall be reduced, concurrently with such Issue, to a price (calculated to the nearest hundredth of a cent) determined by multiplying the Warrant Price by a fraction: (a) the numerator of which is the amount of common stock outstanding immediately before such Issue plus the amount of common stock that the aggregate consideration received by Company for the Additional Common Shares would purchase at the Warrant Price in effect immediately before such Issue, and (b) the denominator of which is the amount of common stock outstanding immediately before such Issue plus the number of such Additional Common Shares.
Appears in 6 contracts
Sources: Warrant Agreement (Us Search Corp Com), Warrant Agreement (Us Search Corp Com), Warrant Agreement (Iceweb Inc)
Weighted Average Adjustment. If the Company issues Issues Additional Common Shares after the date of the Warrant and the consideration per Additional Common Share (determined pursuant to Section 9) is less than the Warrant Price in effect immediately before such Issue (a "Diluting Issuance")Issue, the Warrant Price in effect immediately before such Issue shall be reduced, concurrently with such Issue, to a price (calculated to the nearest hundredth of a cent) determined by multiplying the Warrant Price by a fraction:
(a) the numerator of which is the amount of common stock outstanding immediately before such Issue plus the amount of common stock that the aggregate consideration received by the Company for the Additional Common Shares would purchase at the Warrant Price in effect immediately before such Issue, and
(b) the denominator of which is the amount of common stock outstanding immediately before such Issue plus the number of such Additional Common Shares.
Appears in 6 contracts
Sources: Warrant Agreement (Integrated Packaging Assembly Corp), Warrant Agreement (Greenfield Online Inc), Loan Agreement (Natural Gas Vehicle Systems Inc)
Weighted Average Adjustment. If the Company issues Additional Common Shares after the date of the Warrant and the consideration per Additional Common Share (determined pursuant to Section 9) is less than the Warrant Price in effect immediately before such Issue (a "“Diluting Issuance"”), the Warrant Price in effect immediately before such Issue shall be reduced, concurrently with such Issue, to a price (calculated to the nearest hundredth of a cent) determined by multiplying the Warrant Price by a fraction:
(a) the numerator of which is the amount of common stock outstanding immediately before such Issue plus the amount of common stock that the aggregate consideration received by Company for the Additional Common Shares would purchase at the Warrant Price in effect immediately before such Issue, and
(b) the denominator of which is the amount of common stock outstanding immediately before such Issue plus the number of such Additional Common Shares.
Appears in 5 contracts
Sources: Warrant Agreement (Tci Solutions Inc), Warrant Agreement (Metastorm Inc), Warrant Agreement (Metastorm Inc)
Weighted Average Adjustment. If the Company issues Additional --------------------------- Common Shares after the date of the Warrant and the consideration per Additional Common Share (determined pursuant to Section 9) is less than the Warrant Price in effect immediately before such Issue (a "Diluting Issuance")Issue, the Warrant Price in effect immediately before such Issue shall be reduced, concurrently with such Issue, to a price (calculated to the nearest hundredth of a cent) determined by multiplying the Warrant Price by a fraction:
(a) the numerator of which is the amount of such common stock outstanding immediately before such Issue plus the amount of common stock that the aggregate consideration received by the Company for the Additional Common Shares would purchase at the Warrant Price in effect immediately before such Issue, and
(b) the denominator of which is the amount of common stock outstanding immediately before such Issue plus the number of such Additional Common Shares.
Appears in 3 contracts
Sources: Warrant Agreement (Sonic Innovations Inc), Warrant Agreement (Digital Insight Corp), Warrant Agreement (Digital Insight Corp)
Weighted Average Adjustment. If the Company issues Additional Common Shares after the date of the Warrant and the consideration per Additional Common Share (determined pursuant to Section 94) is less than the Warrant Price in effect immediately before such Issue (a "Diluting Issuance")Issue, the Warrant Price in effect immediately before such Issue shall be reduced, concurrently with such Issue, to a price (calculated to the nearest hundredth of a cent) determined by multiplying the Warrant Price by a fraction:
(a) the numerator of which is the amount of common stock such Common Stock outstanding immediately before such Issue plus the amount of common stock Common Stock that the aggregate consideration received by the Company for the Additional Common Shares would purchase at the Warrant Price in effect immediately before such Issue, and
(b) the denominator of which is the amount of common stock Common Stock outstanding immediately before such Issue plus the number of such Additional Common Shares.
Appears in 3 contracts
Sources: Loan and Security Agreement (Opus360 Corp), Antidilution Agreement (Bluestone Software Inc), Antidilution Agreement (Eprise Corp)
Weighted Average Adjustment. If the Company issues Additional Common Shares after the date of the Warrant and the consideration per Additional Common Share (determined pursuant to Section 9) is less than the Warrant Price in effect immediately before such Issue (a "Diluting Issuance")Issue, the Warrant Price in effect immediately before such Issue shall be reduced, concurrently with such Issue, to a price (calculated to the nearest hundredth of a cent) determined by multiplying the Warrant Price by a fraction:
(a) the numerator of which is the amount of such common stock outstanding immediately before such Issue plus the amount of common stock that the aggregate consideration received by the Company for the Additional Common Shares would purchase at the Warrant Price in effect immediately before such Issue, and
(b) the denominator of which is the amount of common stock outstanding immediately before such Issue plus the number of such Additional Common Shares.
Appears in 3 contracts
Sources: Warrant Agreement (Timeline Inc), Warrant Agreement (Wireless Inc), Antidilution Agreement (Novatel Wireless Inc)
Weighted Average Adjustment. If the Company issues Additional Common Shares after the date of the Warrant and the consideration per Additional Common Share (determined pursuant to Section 9) is less than the Warrant Price in effect immediately before such Issue (a "Diluting Issuance"), the Warrant Price in effect immediately before such Issue shall be reduced, concurrently with such Issue, to a price (calculated to the nearest hundredth of a cent) determined by multiplying the Warrant Price by a fraction:
(a) the numerator of which is the amount of common stock outstanding immediately before such Issue plus the amount of common stock that the aggregate consideration received by Company for the Additional Common Shares would purchase at the Warrant Price in effect immediately before such Issue, and
(b) the denominator of which is the amount of common stock outstanding immediately before such Issue plus the number of such Additional Common Shares.
Appears in 2 contracts
Sources: Antidilution Agreement (Microhelix Inc), Warrant Agreement (Alliance Medical Corp)
Weighted Average Adjustment. If the Company issues Additional Common Shares after the date of the Warrant and the consideration per Additional Common Share (determined pursuant to Section 9) is less than the Warrant Price in effect immediately before such Issue (a "Diluting Issuance")Issue, the Warrant Price in effect immediately before such Issue shall be reduced, concurrently with such Issue, to a price (calculated to the nearest hundredth of a cent) determined by multiplying the Warrant Price by a fraction:
(a) the numerator of which is the amount of such common stock outstanding immediately before such Issue plus the amount of common stock that the aggregate consideration received by the Company for the Additional Common Shares would purchase at the Warrant Price in effect immediately before such Issue, and
(b) the denominator of which is the amount of common stock outstanding immediately before such Issue plus the number of such Additional Common SharesShares issued or deemed issued.
Appears in 2 contracts
Sources: Antidilution Agreement (Verso Technologies Inc), Antidilution Agreement (Verso Technologies Inc)
Weighted Average Adjustment. If the Company issues Additional Common Shares after the date of the Warrant and the consideration per Additional Common Share (determined pursuant to Section 9) is less than the Warrant Price in effect immediately before such Issue (a "“Diluting Issuance"”), the Warrant Price in effect immediately before such Issue shall be reduced, concurrently with such Issue, to a price (calculated to the nearest hundredth of a cent) determined by multiplying the Warrant Price by a fraction:
(a) the numerator of which is the amount of common stock Shares outstanding immediately before such Issue plus the amount of common stock Shares that the aggregate consideration received by Company for the Additional Common Shares would purchase at the Warrant Price in effect immediately before such Issue, and
(b) the denominator of which is the amount of common stock Shares outstanding immediately before such Issue plus the number of such Additional Common Shares.
Appears in 2 contracts
Sources: Warrant Agreement (Rackspace Hosting, Inc.), Warrant Agreement (Rackspace Hosting, Inc.)
Weighted Average Adjustment. If the Company issues Issues Additional Common Shares after the date of the Warrant and the consideration per Additional Common Share (determined pursuant to Section 94) is less than the Warrant Purchase Price (as defined in the Warrant) in effect immediately before such Issue (a "Diluting Issuance")Issue, the Warrant Purchase Price in effect immediately before such Issue shall be reduced, concurrently with such Issue, to a price (calculated to the nearest hundredth of a cent) determined by multiplying the Warrant Purchase Price by a fraction:
(a) the numerator of which is the amount of common stock Common Stock outstanding immediately before such Issue plus the amount of common stock Common Stock that the aggregate consideration received by the Company for the Additional Common Shares would purchase at the Warrant Purchase Price in effect immediately before such Issue, and
(b) the denominator of which is the amount of common stock Common Stock outstanding immediately before such Issue plus the number of such Additional Common Shares.
Appears in 1 contract
Weighted Average Adjustment. If the Company issues Additional Common Shares after the date of the Warrant and the consideration per Additional Common Share (determined pursuant to Section 99 of this Rider) is less than the Warrant Price in effect immediately before such Issue (a "Diluting Issuance"), the Warrant Price in effect immediately before such Issue shall be reduced, concurrently with such Issue, to a price (calculated to the nearest hundredth of a cent) determined by multiplying the Warrant Price by a fraction:
(a) the numerator of which is the amount of common stock outstanding immediately before such Issue plus the amount of common stock that the aggregate consideration received by Company for the Additional Common Shares would purchase at the Warrant Price in effect immediately before such Issue, and
(b) the denominator of which is the amount of common stock outstanding immediately before such Issue plus the number of such Additional Common Shares.
Appears in 1 contract
Sources: Warrant Agreement (Family Home Health Services, Inc.)
Weighted Average Adjustment. If the Company issues Additional Common Shares additional common shares (including shares of common stock ultimately issuable upon conversion of a security convertible into common stock) after the date of the Warrant and the consideration per Additional Common Share (determined pursuant to Section 9) additional common share is less than the Warrant Price in effect immediately before such Issue (a "Diluting Issuance"), the Warrant Price in effect immediately before such Issue issue shall be reduced, concurrently with such Issue, to a price (calculated to the nearest hundredth of a cent) determined by multiplying the Warrant Price by a fraction:
(a) the numerator of which is the amount of common stock outstanding immediately before such Issue plus the amount of common stock that the aggregate consideration received by the Company for the Additional Common Shares additional common shares would purchase at the Warrant Price in effect immediately before such Issue, and
(b) the denominator of which is the amount of common stock outstanding immediately before such Issue issue plus the number of such Additional Common Sharesadditional common shares.
Appears in 1 contract
Sources: Warrant Agreement (Videonics Inc)
Weighted Average Adjustment. If the Company issues Additional --------------------------- Common Shares after the date of the Warrant and the consideration per Additional Common Share (determined pursuant to Section 9) is less than the Warrant Price in effect immediately before such Issue (a "Diluting Issuance"), the Warrant Price in effect immediately before such Issue shall be reduced, concurrently with such Issue, to a price (calculated to the nearest hundredth of a cent) determined by multiplying the Warrant Price by a fraction:
(a) the numerator of which is the amount of common stock outstanding immediately before such Issue plus the amount of common stock that the aggregate consideration received by Company for the Additional Common Shares would purchase at the Warrant Price in effect immediately before such Issue, and
(b) the denominator of which is the amount of common stock outstanding immediately before such Issue plus the number of such Additional Common Shares.
Appears in 1 contract
Sources: Warrant Agreement (Consilium Inc)
Weighted Average Adjustment. If the Company issues Additional Common Shares additional common shares (including shares of common stock ultimately issuable upon conversion of a security convertible into common stock) after the date of the Warrant and the consideration per Additional Common Share (determined pursuant to Section 9) additional common shares is less than the Warrant Price in effect immediately before such Issue (a "Diluting Issuance"), the Warrant Price in effect immediately before such Issue issue shall be reduced, concurrently with such Issue, to a price (calculated to the nearest hundredth of a cent) determined by multiplying the Warrant Price by a fraction:
(a) the numerator of which is the amount of common stock outstanding immediately before such Issue plus the amount of common stock that the aggregate consideration received by the Company for the Additional Common Shares additional common shares would purchase at the Warrant Price in effect immediately before such Issue, and
(b) the denominator of which is the amount of common stock outstanding immediately before such Issue issue plus the number of such Additional Common Sharesadditional common shares.
Appears in 1 contract
Sources: Warrant Agreement (Freeshop Com Inc)
Weighted Average Adjustment. If the Company issues Additional Common Shares after the date of the Warrant and the consideration per Additional Common Share (determined pursuant to Section 94) is less than the Warrant Price in effect immediately before such Issue (a "Diluting Issuance")Issue, the Warrant Price in effect immediately before such Issue shall be reduced, concurrently with such Issue, to a price (calculated to the nearest hundredth of a cent) determined by multiplying the Warrant Price by a fraction:
(a) the numerator of which is the amount of common stock such Common Stock outstanding immediately before such Issue (or deemed to be outstanding) plus the amount of common stock Common Stock that the aggregate consideration received by the Company for the Additional Common Shares would purchase at the Warrant Price in effect immediately before such Issue, and
(b) the denominator of which is the amount of common stock Common Stock outstanding immediately before such Issue (or deemed to be outstanding) plus the number of such Additional Common Shares.
Appears in 1 contract
Sources: Accounts Receivable Financing Agreement (Mercator Software Inc)
Weighted Average Adjustment. If the Company issues Additional --------------------------- Common Shares after the date of the Warrant and the consideration per Additional Common Share (determined pursuant to Section 9) is less than the Warrant Price in effect immediately before such Issue (a "Diluting Issuance"), the Warrant Price in effect immediately before such Issue shall be reduced, concurrently with such Issue, to a price (calculated to the nearest hundredth of a cent) determined by multiplying the Warrant Price by a fraction:
(a) the numerator of which is the amount of common stock outstanding immediately before such Issue plus the amount of common stock that the aggregate consideration received by Company for the Additional Common Shares would purchase at the Warrant Price in effect immediately before such Issue, and
(b) the denominator of which is the amount of common stock outstanding immediately before such Issue issue plus the number of such Additional Common Shares.
Appears in 1 contract
Sources: Credit Terms and Conditions (Anchor Pacific Underwriters Inc)
Weighted Average Adjustment. If the Company issues Additional Common Shares after the date of the Warrant and the consideration per Additional Common Share (determined pursuant to Section 9) is less than the Warrant Price in effect immediately before such Issue (a "Diluting Issuance"), the Warrant Price in effect immediately before such Issue shall be reduced, concurrently with such Issue, to a price (calculated to the nearest hundredth of a cent) determined by multiplying the Warrant Price by a fraction:
(a) the numerator of which is is. the amount of common stock outstanding immediately before such Issue plus the amount of common stock that the aggregate consideration received by Company for the Additional Common Shares would purchase at the Warrant Price in effect immediately before such Issue, and
(b) the denominator of which is the amount of common stock outstanding immediately before such Issue plus the number of such Additional Common Shares.
Appears in 1 contract
Sources: Warrant Agreement (Viewlocity Inc)
Weighted Average Adjustment. If the Company issues Additional Common Shares after the date of the Warrant and the consideration per Additional Common Share (determined pursuant to Section 9) is less than the Warrant Price in effect immediately before such Issue (a "Diluting Issuance")Issue, the Warrant Price in effect immediately before such Issue shall be reduced, concurrently with such Issue, to a price (calculated to the nearest hundredth of a cent) determined by multiplying the Warrant Price by a fraction:
(a) the numerator of which is the amount of such common stock outstanding immediately before such Issue plus the amount of common stock that the aggregate consideration received by the Company for the Additional Common Shares would purchase at the Warrant Price in effect immediately before such Issueissue, and
(b) the denominator of which is the amount of common stock outstanding immediately before such Issue issue plus (the number of such Additional Common Shares.
Appears in 1 contract
Sources: Warrant Agreement (Omniture, Inc.)
Weighted Average Adjustment. If the Company issues Additional --------------------------- Common Shares later than 180 days after the date Issue Date of the Warrant and the consideration per Additional Common Share (determined pursuant to Section 9) is less than the Warrant Price in effect immediately before such Issue (a "Diluting Issuance")Issue, the Warrant Price in effect immediately before such Issue shall be reduced, concurrently with such Issue, to a price (calculated to the nearest hundredth of a cent) determined by multiplying the Warrant Price by a fraction:
(ai) the numerator of which is the amount number of shares of common stock outstanding immediately before such Issue plus the amount number of shares of common stock that the aggregate consideration received by Company for the Additional Common Shares would purchase at the Warrant Price in effect immediately before such Issue, and
(bii) the denominator of which is the amount number of shares of common stock outstanding immediately before such Issue plus the number of such Additional Common Shares.
Appears in 1 contract
Weighted Average Adjustment. If the Company issues Additional Common Shares after the date of the Warrant and the consideration per Additional Common Share (determined pursuant to Section 9) is less than the Warrant Price in effect immediately before such Issue (a "Diluting Issuance")Issue, the Warrant Price in effect immediately before such Issue shall be reduced, concurrently with such Issue, to a price (calculated to the nearest hundredth of a cent) determined by multiplying the Warrant Price by a fraction:
(a) the numerator of which is the amount of common stock outstanding immediately before such Issue plus the amount of common stock that the aggregate consideration received by Company for the Additional Common Shares would purchase at the Warrant Price in effect immediately before such Issue, and
(b) the denominator of which is the amount of common stock outstanding immediately before such Issue plus the number of such Additional Common Shares.
Appears in 1 contract
Sources: Warrant to Purchase Stock (Fusion Medical Technologies Inc)
Weighted Average Adjustment. If the Company issues Additional Common Shares after the date of the Warrant and the consideration per Additional Common Share (determined pursuant to Section 99 of this Rider) is less than the Warrant Price in effect immediately before such Issue (a "“Diluting Issuance"”), the Warrant Price in effect immediately before such Issue shall be reduced, concurrently with such Issue, to a price (calculated to the nearest hundredth of a cent) determined by multiplying the Warrant Price by a fraction:
(a) the numerator of which is the amount of common stock outstanding immediately before such Issue plus the amount of common stock that the aggregate consideration received by Company for the Additional Common Shares would purchase at the Warrant Price in effect immediately before such Issue, and
(b) the denominator of which is the amount of common stock outstanding immediately before such Issue plus the number of such Additional Common Shares.
Appears in 1 contract
Sources: Warrant Agreement (Family Home Health Services, Inc.)