EMPERY ASSET MASTER, LTD. v. AIT THERAPEUTICS, INC.

10706, 651306/18.

179 A.D.3d 443 (2020)

117 N.Y.S.3d 191

2020 NY Slip Op 00083

Empery Asset Master, Ltd, et al., Respondents, v. AIT Therapeutics, Inc., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 7, 2020.


Plaintiffs are holders of warrants to purchase shares of defendant's stock that contain antidilution provisions, which mandate that defendant adjust the warrant exercise price and share amount in the event it issues shares of stock to other parties for consideration below the then exercise price of plaintiffs' warrants. Plaintiffs allege that defendant issued securities to new investors pursuant to the February 16, 2018 Security Purchase Agreement (February 16 SPA). Plaintiffs...

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