Common use of Issuance of Additional Shares of Common Stock Clause in Contracts

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 62 contracts

Samples: Escrow Agreement (Bond Laboratories, Inc.), Credit Agreement (American Apparel, Inc), Warrant Purchase Agreement (Bioforce Nanosciences Holdings, Inc.)

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Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.

Appears in 42 contracts

Samples: Note and Warrant Purchase Agreement (Apollo Resources International Inc), Quest Oil Corp, Quest Oil Corp

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Issuance Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.

Appears in 19 contracts

Samples: Ambient Corp /Ny, Ambient Corp /Ny, Ambient Corp /Ny

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.

Appears in 13 contracts

Samples: Hienergy Technologies Inc, Hienergy Technologies Inc, Practicexpert Inc

Issuance of Additional Shares of Common Stock. (i) In If the event the Issuer shall Issuer, at any time following the Original Issue Date while this Warrant is outstanding, shall issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or less than the Per Share Market Value then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price (rounded to the nearest cent) determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 12 contracts

Samples: Securities Purchase Agreement (Ip Voice Com Inc), Common Stock Purchase Agreement (DBS Industries Inc), Registration Rights Agreement (Ip Voice Com Inc)

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.

Appears in 8 contracts

Samples: Health Sciences Group Inc, Voyant International CORP, Voyant International CORP

Issuance of Additional Shares of Common Stock. (i) In For the period commencing on the Original Issue Date and ending on the two (2) year anniversary of the Original Issue Date, in the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.

Appears in 7 contracts

Samples: National Realty & Mortgage Inc, National Realty & Mortgage Inc, National Realty & Mortgage Inc

Issuance of Additional Shares of Common Stock. (i) In If the event the Issuer shall Issuer, at any time following the Original Issue Date while this Warrant is outstanding, shall issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price (rounded to the nearest cent) determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 6 contracts

Samples: JLM Industries Inc, Purchase Agreement (Sassower Philip S), Common Stock Purchase Agreement (Flightserv Com)

Issuance of Additional Shares of Common Stock. (i) In Commencing on the Original Issue Date and for a period of one (1) year thereafter, in the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.

Appears in 5 contracts

Samples: Advanced Growing Systems, Inc., Advanced Growing Systems, Inc., BPO Management Services

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect $.60 or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.

Appears in 4 contracts

Samples: Chembio Diagnostics, Inc., Trading Solutions Com Inc, Siebert Lawrence A.

Issuance of Additional Shares of Common Stock. (i) In If the event the Issuer shall Issuer, at any time following the Original Issue Date while this Warrant is outstanding, shall issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price Per Share Market Value then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price (rounded to the nearest cent) determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 4 contracts

Samples: Securities Purchase Agreement (Team Communication Group Inc), Securities Purchase Agreement (Team Communication Group Inc), Team Communication Group Inc

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the six month anniversary of the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 4 contracts

Samples: Fibernet Telecom Group Inc\, Fibernet Telecom Group Inc\, Fibernet Telecom Group Inc\

Issuance of Additional Shares of Common Stock. (i) In Commencing on the Original Issue Date and for a period of one (1) year thereafter, in the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.

Appears in 4 contracts

Samples: Rx Staffing, Inc., Communication Intelligence Corp, Jpak Group, Inc.

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), 4 and other than Permitted Issuances) at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 4 contracts

Samples: FLO Corp, FLO Corp, FLO Corp

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 4 contracts

Samples: Jpak Group, Inc., Rx Staffing, Inc., Rx Staffing, Inc.

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect Per Share Market Value on the date of such issuance or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 3 contracts

Samples: VisualMED Clinical Solutions Corp., VisualMED Clinical Solutions Corp., VisualMED Clinical Solutions Corp.

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.

Appears in 3 contracts

Samples: Advanced Growing Systems, Inc., Advanced Growing Systems, Inc., Advanced Growing Systems, Inc.

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date through the first anniversary thereof, issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.

Appears in 3 contracts

Samples: Urigen Pharmaceuticals, Inc., Urigen Pharmaceuticals, Inc., Urigen Pharmaceuticals, Inc.

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall shall, at any time following the Original Issue Date Date, issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.

Appears in 2 contracts

Samples: Health Sciences Group Inc, Health Sciences Group Inc

Issuance of Additional Shares of Common Stock. (i) In Subject to the first paragraph of Section 4 hereof, in the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 2 contracts

Samples: Fibernet Telecom Group Inc\, Fibernet Telecom Group Inc\

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4, and other than Permitted Issuances), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.

Appears in 2 contracts

Samples: Valcent Products Inc., Nexaira Wireless Inc.

Issuance of Additional Shares of Common Stock. (i) In If the event the Issuer shall Issuer, at any time following the Original Issue Date while this Warrant is outstanding, shall issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 2 contracts

Samples: Wire One Technologies Inc, Advanced Viral Research Corp

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time within one (1) year following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 2 contracts

Samples: Health Sciences Group Inc, Health Sciences Group Inc

Issuance of Additional Shares of Common Stock. (i) i. In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 2 contracts

Samples: Securities Purchase Agreement (OVERSTOCK.COM, Inc), Securities Purchase Agreement (OVERSTOCK.COM, Inc)

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 2 contracts

Samples: Saflink Corp, Vialink Co

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Issuance of Additional Shares of Common Stock. (i) In If the event the Issuer shall Issuer, at any time following the Original Issue Date while this Warrant is outstanding, shall issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 45), at a price per share less than the Warrant Current Market Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price (rounded to the nearest cent) determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 2 contracts

Samples: Corrections Corp of America, Corrections Corp of America

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Issuance Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to the price equal to the consideration per share paid for such Additional Shares of Common Stock; provided, however, that price determined by multiplying no such adjustment shall be made upon the Warrant Price then in effect by a fraction:issuance of up to $6,000,000 of such Additional Shares of Common Stock.

Appears in 2 contracts

Samples: Max Sound Corp, Max Sound Corp

Issuance of Additional Shares of Common Stock. (i) In n the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 1 contract

Samples: Raptor Networks Technology Inc

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following after the Original Issue Delivery Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 1 contract

Samples: Cytomedix Inc

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Eden Energy Corp)

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date date of the Purchase Agreement issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 1 contract

Samples: Dirt Motor Sports, Inc.

Issuance of Additional Shares of Common Stock. (i) In Subject to Section 7(c) hereof, in the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 1 contract

Samples: Fibernet Telecom Group Inc\

Issuance of Additional Shares of Common Stock. (i) In Subject to the third sentence of the first paragraph of Section 4 hereof, in the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 1 contract

Samples: Glowpoint Inc

Issuance of Additional Shares of Common Stock. (i) In If the event the Issuer shall Issuer, at any time following the Original Issue Date while this Warrant is outstanding, shall issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through and (cb) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price (rounded to the nearest cent) determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 1 contract

Samples: Starbase Corp

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock. In no event shall the adjusted price of the Warrants be lower than $1.35.

Appears in 1 contract

Samples: Avicena Group, Inc.

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.

Appears in 1 contract

Samples: National Realty & Mortgage Inc

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price (rounded to the nearest cent) determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 1 contract

Samples: Wits Basin Precious Minerals Inc

Issuance of Additional Shares of Common Stock. (i) 4.4.1 In the event the Issuer shall at any time following the Original Issue Date Date, issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 44.1, Section 4.2, or Section 4.3), at a price per share less than the Warrant Price then in effect or without considerationconsideration (other than a Permitted Issuance (as defined below)), then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.

Appears in 1 contract

Samples: VistaGen Therapeutics, Inc.

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Issuance Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (ab) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect most recent price paid for Common Stock under the Purchase Agreement or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that the price determined by multiplying equal to the Warrant Price then in effect by a fraction:consideration per share paid for such Additional Shares of Common Stock.

Appears in 1 contract

Samples: Cyclone Power Technologies Inc

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date issue any Additional Shares of Common Stock (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 1 contract

Samples: Newport International Group Inc

Issuance of Additional Shares of Common Stock. (i) In the event the Issuer shall at any time following the Original Issue Date through and including the completion of a Qualified Financing issue any Additional Shares of Common Stock in a transaction that does not include warrants (otherwise than as provided in the foregoing subsections (a) through (c) of this Section 4), at a price per share less than the Warrant Price then in effect or without consideration, then the Warrant Price upon each such issuance shall be adjusted to that price determined by multiplying the Warrant Price then in effect by a fraction:

Appears in 1 contract

Samples: Dirt Motor Sports, Inc.

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