Common use of Anti-Dilution Protection Clause in Contracts

Anti-Dilution Protection. If during the Exclusion Period the ------------------------- Company shall offer, issue or agree to issue any Common Stock or securities convertible into or exercisable for shares of Common Stock to any person, firm or corporation at a price per share or conversion or exercise price per share which shall be less than the per share purchase price of the Shares, without the consent of Subscriber still holding Shares (the "Triggering Event"), then the Company shall issue, for each such Triggering Event, additional shares of Common Stock to the Subscriber (the "Additional Shares") so that the average per share purchase price of the shares of Common Stock issued to the Subscriber is equal to such other lower price per share. The delivery to the Subscriber of the Additional Shares shall be on or before the closing date of the Triggering Event. The Additional Shares shall be delivered to the Subscriber under the same terms as the shares issued pursuant to the Triggering Event. For purposes of the issuance and adjustment described in this paragraph, the issuance of any security of the Company carrying the right to convert such security into shares of Common Stock or of any warrant, right or option to purchase Common Stock shall result in the issuance of the Additional Shares upon the issuance of such convertible security, warrant, right or option and again upon any subsequent issuances of shares of Common Stock upon exercise of such conversion or purchase rights if such issuance is at a price lower than the then purchase price per share of the shares of Company Stock. This Section 4(n) shall apply only if the Company violates the provisions of Section 4(m) above, and this provision shall not apply to the issuance of incentive stock options under the Company's 2003 Stock Option Plan.

Anti-Dilution Protection. If during the Exclusion Period period beginning on the ------------------------- Closing Date and continuing for a period of 180 days thereafter (the "Exclusion Period"), the Company shall offer, issue or agree to issue any Common Stock or securities convertible into or exercisable for shares of Common Stock to any person, firm or corporation at a price per share or conversion or exercise price per share which shall be less than the per share purchase price of the Shares, without the consent of Subscriber Participant still holding Shares (the "Triggering Event"), then the Company shall issue, for each such Triggering Event, additional shares of Common Stock to the Subscriber Participant (the "Additional Shares") so that the average per share purchase price of the shares of Common Stock issued to the Subscriber Participant is equal to such other lower price per share. The delivery to the Subscriber Participant of the Additional Shares shall be on or before the closing date of the Triggering Event. The Additional Shares shall be delivered to the Subscriber Participant under the same terms as the shares issued pursuant to the Triggering Event. For purposes of the issuance and adjustment described in this paragraph, the issuance of any security of the Company carrying the right to convert such security into shares of Common Stock or of any warrant, right or option to purchase Common Stock shall result in the issuance of the Additional Shares upon the issuance of such convertible security, warrant, right or option and again upon any subsequent issuances of shares of Common Stock upon exercise of such conversion or purchase rights if such issuance is at a price lower than the then purchase price per share of the shares of Company Stock. This Section 4(n4(g) shall apply only if the Company violates the provisions of Section 4(m4(f) above, and this provision shall not apply to the issuance of incentive stock options under the Company's 2003 Stock Option Plan.