Common use of Certain Issuances of Convertible Securities Clause in Contracts

Certain Issuances of Convertible Securities. If at any time the Company shall take a record of the holders of its Common Stock for the purpose of entitling them to receive a distribution of, or shall in any manner (whether directly or by assumption in a merger in which the Company is the surviving or resulting corporation) issue or sell, any Convertible Securities, whether or not the rights to exchange or convert thereunder are immediately exercisable, and the price per share for which Common Stock is issuable upon such conversion or exchange shall be less than the Daily Market Price in effect immediately prior to the time of such issuance or sale, then the number of shares of Common Stock for which each Warrant is exercisable and the Current Warrant Price shall be adjusted as provided in Section 6.2 on the basis that the maximum number of Additional Shares of Common Stock necessary to effect the conversion or exchange of all such Convertible Securities shall be deemed to have been issued and outstanding and the Company shall have received all of the consideration payable therefor, if any, as of the date of issuance of such Convertible Securities. No adjustment of the number of shares of Common Stock for which each Warrant is exercisable and the Current Warrant Price shall be made under this Section 6.4 upon the issuance of any Convertible Securities which are issued pursuant to the exercise of any warrants or other subscription or purchase rights therefor, if any such adjustment previously shall have been made upon the issuance of such warrants or other rights pursuant to Section 6.3. No further adjustments of the number of shares of Common Stock for which each Warrant is exercisable and the Current Warrant Price shall be made upon the actual issuance of such Common Stock upon conversion or exchange of such Convertible Securities and, if any issuance or sale of such Convertible Securities is made upon exercise of any warrant or other right to subscribe for or to purchase any such Convertible Securities for which adjustments of the number of shares of Common Stock for which each Warrant is exercisable and the Current Warrant Price have been or are to be made pursuant to other provisions of this Article 6, no further adjustments of the number of shares of Common Stock for which each Warrant is exercisable and the Current Warrant Price shall be made by reason of such issuance or sale.