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"), other than with respect to shares issued to (a) the Company's employees, officer or directors in connection with their employment or retention of services not to exceed the number of Shares reserved in the Company's existing equity financing plans, or (b) customers or vendors in connection with bona fide business transactions, 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 number of shares of common stock outstanding immediately before such Issue plus the 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 (b) the denominator of which is the number of shares of common stock outstanding immediately before such Issue plus the number of such Additional Shares. EXHIBIT A
Appears in 1 contract
Sources: Warrant Agreement (Websidestory 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"), other than with respect to shares issued to (a) the Company's employees, officer or directors in connection with their employment or retention of services not to exceed the number of Shares reserved in the Company's existing equity financing plans, or (b) customers or vendors in connection with bona fide business transactions, 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 number of shares amount of common stock outstanding immediately before such Issue plus the number of shares 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 number of shares amount of common stock outstanding immediately before such Issue plus the number of such Additional Shares. EXHIBIT AB
Appears in 1 contract
Sources: Warrant Agreement (Websidestory 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"), other than with respect to shares issued to (a) the Company's employees, officer or directors in connection with their employment or retention of services not to exceed the number of Shares reserved in the Company's existing equity financing plans, or (b) customers or vendors in connection with bona fide business transactions, 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 number of shares of common stock outstanding immediately before such Issue plus the 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
(b) the denominator of which is the number of shares of common stock outstanding immediately before such Issue plus the number of such Additional Shares. EXHIBIT A.
Appears in 1 contract
Sources: Warrant Agreement (Websidestory Inc)