Equity Offering Adjustment to Purchase Price. In the event that the Company makes an Equity Offering during an Investment Period, then notwithstanding anything herein to the contrary, the purchase price per share of Common Stock for any Investment Amount made solely within such Investment Period but following the consummation of the Equity Offering shall be the lower of (a) the lowest effective purchase price per share of Common Stock received by the Company in any such Equity Offering, and (b) the price per share of Common Stock determined hereunder with respect to Purchases of Common Stock effected by the Investor during such Investment Period.
Appears in 4 contracts
Samples: Flexible Financing Agreement (Cygnus Inc /De/), Structured Equity Line Flexible Financin (Sciclone Pharmaceuticals Inc), Financing Agreement (Cygnus Inc /De/)