Last Friday, after essentially the most hectic week at college, brought the Christmas get together. Or any Firm Subsidiary to disclose any info to the Investor to the extent (i) prohibited by relevant legislation or regulation, or (ii) that such disclosure would fairly be anticipated to trigger a violation of any agreement to which the Company party dress or any Company Subsidiary is a party or would trigger a threat of a loss of privilege to the Firm or any Company Subsidiary (provided that the Firm shall use commercially affordable efforts to make applicable substitute disclosure preparations under circumstances the place the restrictions in this clause (ii) apply).
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In such occasion, the Exercise Value in impact on the time of the report date for such dividend or distribution or the effective date of such subdivision, combination or reclassification shall be adjusted to the quantity obtained by dividing (x) the product of (1) the number of Shares issuable upon the exercise of this Warrant before such adjustment and (2) the Exercise Worth in effect immediately prior to the record or effective date, as the case could also be, for the dividend, distribution, subdivision, mixture or reclassification giving rise to this adjustment by (y) the new variety of Shares issuable upon train of the Warrant determined pursuant to the immediately preceding sentence.
The quantity of dividends payable on Designated Most well-liked Stock on any date prior to the tip of a Dividend Interval, and for the initial Dividend Interval, shall be computed on the premise of a 360-day year consisting of twelve 30-day months, and precise days elapsed over a 30-day month.
As a condition precedent to the taking of any action which would require an adjustment pursuant to this Section 13, the Firm shall take any action which may be crucial, together with obtaining regulatory, New York Inventory Trade or NASDAQ Inventory Market or different nationwide securities trade or stockholder approvals or exemptions, in order that the Company might thereafter validly and legally difficulty as absolutely paid and nonassessable all shares of Frequent Inventory that the Warrantholder is entitled to obtain upon exercise of this Warrant pursuant to this Part thirteen.
For functions of this Section four.5(h), market worth per share of Widespread Stock shall be the last reported sale value of the Frequent Inventory on the nationwide securities exchange on which the Frequent Inventory is listed or admitted to buying and selling on the final trading day previous to the proposed switch, and the market value for the Warrant (or any portion thereof) shall be the market worth per share of Widespread Inventory into which the Warrant (or such portion) is exercisable much less the exercise price per share.