When Adjustment Not Required. If the Company shall take a record of the holders of its Common Stock for purposes of taking any action that requires an adjustment of the Exercise Price under this Section 6, and shall, thereafter and before the effective date of such action, legally abandon its plan to take such action, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 7 contracts
Sources: Stock Purchase Agreement (Cyberguard Corp), Agreement Regarding Issuance of Common Stock (Cyberguard Corp), Loan Agreement (Cyberguard Corp)
When Adjustment Not Required. If the Company shall take a record of the holders of its Common Stock for purposes of taking any action that requires an adjustment of the Exercise Price under this Section 69, and shall, thereafter and before the effective date of such action, legally abandon its plan to take such action, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 4 contracts
Sources: Warrant Agreement (Oxford Health Plans Inc), Investment Agreement (TPG Partners Ii Lp), Warrant Agreement (Oxford Health Plans Inc)
When Adjustment Not Required. If the Company shall take a record of the holders of its Common Stock for purposes of taking any action that requires purpose requiring an adjustment of the Exercise Price under this pursuant to Section 65(a) hereunder, and but shall, thereafter and before the effective date consummation of the event requiring such action, adjustment legally abandon its plan to take such actionplan, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 4 contracts
Sources: Common Stock Purchase Warrant (Northstar Realty), Common Stock Purchase Warrant (Northstar Realty), Common Stock Purchase Warrant (Northstar Realty)
When Adjustment Not Required. If the Company shall take a record of the holders of its Common Stock for purposes of taking any action that requires an adjustment of the Exercise Price under this Section 6, 9 and shall, thereafter and before the effective date of such action, legally abandon its plan to take such action, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 2 contracts
Sources: Investment Agreement (TPG Partners Ii Lp), Investment Agreement (Oxford Health Plans Inc)
When Adjustment Not Required. If the Company shall take a record of the holders of its Common Stock for purposes of taking any action that requires an adjustment of the Exercise Price under this Section 6, and shall, thereafter and before the effective date of such action, legally abandon its plan to take such action, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.required
Appears in 1 contract
Sources: Warrant to Purchase Shares of Common Stock (Fernwood Partners Ii LLC)
When Adjustment Not Required. If the Company shall take a record of the holders of its Common Stock for purposes of taking any action that requires an adjustment of the Exercise Price under this Section SECTION 6, and shall, thereafter and before the effective date of such action, legally abandon its plan to take such action, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 1 contract
Sources: Warrant Agreement (Proctor David)
When Adjustment Not Required. If the Company shall take a record of the holders of its any class of Common Stock for purposes of taking any action that requires an adjustment of the Exercise Price under this Section 69, and shall, thereafter and before the effective date of such action, legally abandon its plan to take such action, then thereafter no adjustment shall be required by reason of the taking of such record and any such adjustment previously made in respect thereof shall be rescinded and annulled.
Appears in 1 contract