Common use of Certain Issues Excepted Clause in Contracts

Certain Issues Excepted. Anything herein to the contrary ------------------------- notwithstanding, the Maker shall not be required to make any adjustment of the number of shares of Common Stock issuable upon conversion of the Notes upon the grant after the Issuance Date of, or the exercise after the Issuance Date of, options or warrants or rights to purchase stock under the Maker's existing stock option plan or options or warrants or rights to purchase stock issued to officers and/or directors of the Company.

Certain Issues Excepted. Anything herein to the contrary ------------------------- notwithstanding, the Maker shall not be required to make any adjustment of the number of shares of Common Stock issuable upon conversion of the Notes upon the grant after the Issuance Date of, or the exercise after the Issuance Date of, options or warrants or rights to purchase stock under the Maker's existing or to be adopted (issued) stock option plan or options or warrants or rights to purchase stock issued to officers and/or directors of the Company.

Certain Issues Excepted. Anything herein to the contrary ------------------------- ----------------------- notwithstanding, the Maker shall not be required to make any adjustment of the number of shares of Common Stock issuable upon conversion of the Notes upon the grant after the Issuance Date of, or the exercise after the Issuance Date of, options or warrants or rights to purchase stock under the Maker's existing stock option plan or options or warrants or rights to purchase stock issued to officers and/or directors of the Companyplan.

Certain Issues Excepted. Anything herein to the contrary ------------------------- notwithstanding, the Maker shall not be required to make any adjustment of the number of shares of Common Stock issuable upon conversion of the Notes upon the grant after the Issuance Date of, or the exercise after the Issuance Date of, options or warrants or rights to purchase stock under the Maker's existing stock option plan or options or warrants or rights to purchase stock issued to officers and/or directors of the Company.

Certain Issues Excepted. Anything herein to the contrary ------------------------- notwithstanding, the Maker shall not be required to make any adjustment of the number of shares of Common Stock issuable upon conversion of the Notes upon the grant after the Issuance Date of, or the exercise after the Issuance Date of, options or warrants or rights to purchase stock under the Maker's existing stock option plan or options or warrants or rights to purchase stock issued to officers and/or directors of the Companyplan.