Common use of Adjustment Upon Dilutive Issuance Clause in Contracts

Adjustment Upon Dilutive Issuance. If, at any time after the Issue Date, the Company issues or sells, or in accordance with Section 6(d)(ii) is deemed to have issued or sold, any shares of Common Stock for no consideration or for a consideration per share less than the Exercise Price on the date of such issuance or sale (or deemed issuance or sale) (a “Dilutive Issuance”), then the Exercise Price shall be adjusted so as to equal the consideration received or receivable by the Company (on a per share basis) for the additional shares of Common Stock so issued, sold or deemed issued or sold in such Dilutive Issuance (which, in the case of a deemed issuance or sale, shall be calculated in accordance with Section 6(d)(ii)). Notwithstanding the foregoing, no adjustment shall be made pursuant to this Section 6(d)(i) if such adjustment would result in an increase in the Exercise Price.

Adjustment Upon Dilutive Issuance. If, at any time after the Issue Date, the Company issues or sells, or in accordance with Section 6(d)(ii5(e)(ii) is deemed to have issued or sold, any shares of Common Stock for no consideration or for a consideration per share less than the Exercise Fixed Conversion Price on the date of such issuance or sale (or deemed issuance or sale) (a “Dilutive Issuance”), then the Exercise Fixed Conversion Price shall be adjusted so as to equal the consideration received or receivable by the Company (on a per share basis) for the additional shares of Common Stock so issued, sold or deemed issued or sold in such Dilutive Issuance (which, in the case of a deemed issuance or sale, shall be calculated in accordance with Section 6(d)(ii)5(e)(ii) below). Notwithstanding the foregoing, no adjustment shall be made pursuant to this Section 6(d)(i) hereto if such adjustment would result in an increase in the Exercise Fixed Conversion Price.

Adjustment Upon Dilutive Issuance. If, at any time after the Issue Date, the Company issues or sells, or in accordance with Section 6(d)(ii5(e)(ii) is deemed to have issued or sold, any shares of Common Stock for no consideration or for a consideration per share less than the Exercise Fixed Conversion Price on the date of such issuance or sale (or deemed issuance or sale) (a 10 “Dilutive Issuance”), then the Exercise Fixed Conversion Price shall be adjusted so as to equal the consideration received or receivable by the Company (on a per share basis) for the additional shares of Common Stock so issued, sold or deemed issued or sold in such Dilutive Issuance (which, in the case of a deemed issuance or sale, shall be calculated in accordance with Section 6(d)(ii)5(e)(ii) below). Notwithstanding the foregoing, no adjustment shall be made pursuant to this Section 6(d)(i) hereto if such adjustment would result in an increase in the Exercise Fixed Conversion Price.

Adjustment Upon Dilutive Issuance. If, at any time after the Issue Date, the Company issues or sells, or in accordance with Section 6(d)(iisubparagraph (ii) of this paragraph (c), is deemed to have issued or sold, any shares of Common Stock for no consideration or for a consideration per share consideration less than the Exercise Price on the date of such issuance or sale (or deemed issuance or sale) (a “"Dilutive Issuance”"), then effective immediately upon such Dilutive Issuance, the Exercise Price shall be adjusted so as to equal the consideration received or receivable by the Company (on a per share basis) for the additional shares of Common Stock so issued, sold or deemed issued or sold in such Dilutive Issuance (which, in the case of a deemed issuance or sale, shall be calculated in accordance with Section 6(d)(ii)subparagraph (ii) below). Notwithstanding For the foregoingavoidance of doubt, no adjustment shall be made pursuant to this Section 6(d)(iclause (c)(i) if such adjustment would result in an increase in the Exercise PricePrice then in effect.

Adjustment Upon Dilutive Issuance. If, at any time after the Issue Date, the Company issues or sells, or in accordance with Section 6(d)(ii6(c)(ii) is deemed to have issued or sold, any shares of Common Stock for no consideration or for a consideration per share less than the Exercise Price on the date of such issuance or sale (or deemed issuance or sale) (such date being deemed the Exercise Date for purposes hereof) (a “Dilutive Issuance”), then the Exercise Price shall be adjusted so as to equal the consideration received or receivable by the Company (on a per share basis) for the additional shares of Common Stock so issued, sold or deemed issued or sold in such Dilutive Issuance (which, in the case of a deemed issuance or sale, shall be calculated in accordance with Section 6(d)(ii)6(c)(ii) below). Notwithstanding the foregoing, no adjustment shall be made pursuant to this Section 6(d)(i6(c)(i) if such adjustment would result in an increase in the Exercise Price.