Common use of Issuance of Common Stock Equivalents Clause in Contracts

Issuance of Common Stock Equivalents. If at any time during the Anti-Dilution Period, the Company or any subsidiary thereof, as applicable, shall sell or grant any option to purchase, or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition of) any Common Stock, preferred shares convertible into Common Stock, or debt, warrants, options or other instruments or securities which are convertible into or exercisable for shares of Common Stock (collectively, the “Common Stock Equivalents”) at a price per share less than the applicable Exercise Price then in effect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the applicable Exercise Price in effect at the time of such amendment or adjustment, then the applicable Exercise Price upon each such issuance or amendment shall be adjusted as provided in Section 3(e). No adjustment shall be made to the Exercise Price upon the issuance of any Common Stock pursuant to the exercise, conversion or exchange of any Convertible Security or Common Stock Equivalent where an adjustment to the Conversion Price was made as a result of the issuance or purchase of such Convertible Security or Common Stock Equivalent.

Issuance of Common Stock Equivalents. If The provisions of this Section 5(g) shall apply if (a) the Company, at any time during after the Anti-Dilution Period, the Company or any subsidiary thereof, as applicableIssuance Date, shall sell or grant issue any option to purchase, or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition of) any Common Stock, preferred shares convertible into Common Stock, or debt, warrants, options or other instruments or securities which are convertible into or exercisable for shares of exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), or (b) any rights, warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”) at a shall be issued or sold. If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Convertible Securities or Common Stock Equivalents shall be less than the applicable Exercise Price then in effect, or if, after any such issuance of Convertible Securities or Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the applicable Exercise Price in effect at the time of such amendment or adjustment, then the applicable Exercise Price upon each such issuance of Convertible Securities or Common Stock Equivalents or amendment thereof shall be adjusted as provided in subsection (f) of this Section 3(e)6. No adjustment shall be made to the Exercise Price upon the issuance of any Common Stock pursuant to the exercise, conversion or exchange of any Convertible Security Securities or Common Stock Equivalent Equivalents where an adjustment to the Conversion Exercise Price was previously made as a result of the issuance or purchase of such any Convertible Security Securities or Common Stock EquivalentEquivalents.

Issuance of Common Stock Equivalents. If The provisions of this Section 9(c) shall apply if (A) the Company, at any time during after the Anti-Dilution Period, the Company or any subsidiary thereof, as applicableissuance date of this Warrant, shall sell or grant issue any option to purchase, or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition of) any Common Stock, preferred shares convertible into Common Stock, or debt, warrants, options or other instruments or securities which are convertible into or exercisable for shares of exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), other than the Convertible Notes, or (B) any rights or warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”) at a shall be issued or sold. If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Common Stock Equivalent shall be less than the applicable Exercise Price then in effect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the applicable Exercise Price in effect at the time of such amendment or adjustment, then the applicable Exercise Price upon each such issuance or amendment shall be adjusted as provided in the first sentence of subsection (c)(i) of this Section 3(e)9. No adjustment shall be made to the Exercise Price upon the issuance of any Common Stock pursuant to the exercise, conversion or exchange of any Convertible Security or Common Stock Equivalent where an adjustment to the Conversion Exercise Price was made as a result of the issuance or purchase of such any Convertible Security or Common Stock Equivalent.

Issuance of Common Stock Equivalents. If The provisions of this Section 3.6(a)(vii) shall apply if (a) the Maker, at any time during after the Anti-Dilution Period, the Company or any subsidiary thereof, as applicableIssuance Date, shall sell or grant issue any option to purchase, or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition of) any Common Stock, preferred shares convertible into Common Stock, or debt, warrants, options or other instruments or securities which are convertible into or exercisable for shares of exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), other than the Notes, or (b) any rights or warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”) at a shall be issued or sold. If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Common Stock Equivalent shall be less than the applicable Exercise Conversion Price then in effect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the applicable Exercise Conversion Price in effect at the time of such amendment or adjustment, then the applicable Exercise Conversion Price upon each such issuance or amendment shall be adjusted as provided in the first sentence of subsection (vi) of this Section 3(e3.6(a). No adjustment shall be made to the Exercise Conversion Price upon the issuance of any Common Stock pursuant to the exercise, conversion or exchange of any Convertible Security or Common Stock Equivalent where an adjustment to the Conversion Price was made as a result of the issuance or purchase of such any Convertible Security or Common Stock Equivalent.

Issuance of Common Stock Equivalents. If at any time during within one (1) year of the Anti-Dilution Period, Original Issue Date the Company or any subsidiary thereof, as applicable, Issuer shall sell or grant any option to purchase, issue or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition of) any Common StockStock Equivalents, preferred shares convertible into whether or not the rights to exchange or convert thereunder are immediately exercisable, and the aggregate price per share for which Common Stock, Stock is issuable upon such conversion or debt, warrants, options or other instruments or securities which are convertible into or exercisable exchange plus the consideration received by the Issuer for issuance of such Common Stock Equivalent divided by the number of shares of Common Stock issuable pursuant to such Common Stock Equivalent (collectively, the “Aggregate Per Common Stock EquivalentsShare Price”) at a price per share shall be less than the applicable Exercise Warrant Price then in effect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall make the Aggregate Per Common Share Price be less than the applicable Exercise Warrant Price in effect at the time of such amendment or adjustment, then the applicable Exercise Warrant Price upon each such issuance or amendment shall be adjusted as provided in Section 3(e4(d). No further adjustment of the Warrant Price then in effect shall be made to the Exercise Price under this Section 4(e) upon the issuance of any Common Stock Equivalents which are issued pursuant to the exerciseexercise of any warrants or other subscription or purchase rights therefor, if any such adjustment shall previously have been made upon the issuance of such warrants or other rights pursuant to this Section 4(e). No further adjustments of the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of any Convertible Security or such Common Stock Equivalent where an adjustment to the Conversion Price was made as a result of the issuance or purchase of such Convertible Security or Common Stock EquivalentEquivalents.

Issuance of Common Stock Equivalents. If at any time The provisions of this Section 3(f) shall apply if the Issuer during the Anti-Dilution Period, the Company or shall (a) issue any subsidiary thereof, as applicable, shall sell or grant any option to purchase, or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition of) any Common Stock, preferred shares securities convertible into or exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), other than the Series A Preferred Stock, or debt, warrants, (b) issue or sell any rights or warrants or options or other instruments or securities which are convertible into or exercisable for shares of to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”) at a ). If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Convertible Securities or Common Stock Equivalent shall be less than the applicable Exercise Warrant Price then in effect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the applicable Exercise Warrant Price in effect at the time of such amendment or adjustment, then the applicable Exercise Warrant Price upon each such issuance or amendment shall be adjusted as provided in Section 3(e). No adjustment shall be made to the Exercise Warrant Price upon the issuance of any Common Stock pursuant to the exercise, conversion or exchange of any Convertible Security or Common Stock Equivalent where an adjustment to the Conversion Price was made as a result of the issuance or purchase of such Convertible Security or Common Stock Equivalent.

Issuance of Common Stock Equivalents. If at any time The provisions of this subsection (f) shall apply if the Company during the Anti-Dilution Period, the Company or shall (a) issue any subsidiary thereof, as applicable, shall sell or grant any option to purchase, or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition of) any Common Stock, preferred shares securities convertible into or exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), other than the Series A Preferred Stock, or debt, warrants, (b) issue or sell any rights or warrants or options or other instruments or securities which are convertible into or exercisable for shares of to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”) at a ). If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Convertible Securities or Common Stock Equivalent shall be less than the applicable Exercise Conversion Price then in effect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the applicable Exercise Conversion Price in effect at the time of such amendment or adjustment, then the applicable Exercise Conversion Price upon each such issuance or amendment shall be adjusted as provided in subsection (e) of this Section 3(e)3. No adjustment shall be made to the Exercise Conversion Price upon the issuance of any Common Stock pursuant to the exercise, conversion or exchange of any Convertible Security or Common Stock Equivalent where an adjustment to the Conversion Price was made as a result of the issuance or purchase of such Convertible Security or Common Stock Equivalent.

Issuance of Common Stock Equivalents. If at any time during the Anti-Dilution Period, the Company or any subsidiary thereof, as applicable, shall sell or grant any option to purchase, or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition of) any Common Stock, preferred shares convertible into Common Stock, or debt, warrants, options or other instruments or securities which are convertible into or exercisable for shares of Common Stock (collectively, the “Common Stock Equivalents”) at a price per share less than the applicable Exercise Warrant Price then in effect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the applicable Exercise Warrant Price in effect at the time of such amendment or adjustment, then the applicable Exercise Warrant Price upon each such issuance or amendment shall be adjusted as provided in Section 3(e5(e). No adjustment shall be made to the Exercise Warrant Price upon the issuance of any Common Stock pursuant to the exercise, conversion or exchange of any Convertible Security or Common Stock Equivalent where an adjustment to the Conversion Price was made as a result of the issuance or purchase of such Convertible Security or Common Stock Equivalent.

Issuance of Common Stock Equivalents. If The provisions of this Section 5(c) shall apply if (a) the Company, at any time during after the Anti-Dilution Period, the Company or any subsidiary thereof, as applicableIssuance Date, shall sell or grant issue any option to purchase, or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition of) any Common Stock, preferred shares convertible into Common Stock, or debt, warrants, options or other instruments or securities which are convertible into or exercisable for shares of exchangeable for, directly or indirectly, Common Stock ("Convertible Securities"), other than the Notes, or (b) any rights or warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “"Common Stock Equivalents”") at a shall be issued or sold. If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Common Stock Equivalent shall be less than the applicable Exercise Price then in effect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the applicable Exercise Price in effect at the time of such amendment or adjustment, then the applicable Exercise Price upon each such issuance or amendment shall be adjusted as provided in the first sentence of subsection (A) of Section 3(e5(b). No adjustment shall be made to the Exercise Price upon the issuance of any Common Stock pursuant to the exercise, conversion or exchange of any Convertible Security or Common Stock Equivalent where an adjustment to the Conversion Exercise Price was made as a result of the issuance or purchase of such any Convertible Security or Common Stock Equivalent.

Issuance of Common Stock Equivalents. If The provisions of this Section 9(c) shall apply if (A) the Company, at any time during after the Anti-Dilution Period, the Company or any subsidiary thereof, as applicableissuance date of this Warrant, shall sell or grant issue any option to purchase, or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition of) any Common Stock, preferred shares convertible into Common Stock, or debt, warrants, options or other instruments or securities which are convertible into or exercisable for shares of exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), or (B) any rights or warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”) at a shall be issued or sold. If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Common Stock Equivalent shall be less than the applicable Exercise Price then in effect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the applicable Exercise Price in effect at the time of such amendment or adjustment, then the applicable Exercise Price upon each such issuance or amendment shall be adjusted as provided in the first sentence of subsection (c)(i) of this Section 3(e)9. No adjustment shall be made to the Exercise Price upon the issuance of any Common Stock pursuant to the exercise, conversion or exchange of any Convertible Security or Common Stock Equivalent where an adjustment to the Conversion Exercise Price was made as a result of the issuance or purchase of such any Convertible Security or Common Stock Equivalent.

Issuance of Common Stock Equivalents. If The provisions of this Section 3(iii) shall apply if (a) the Company, at any time during after the Anti-Dilution Period, the Company or any subsidiary thereof, as applicableissuance date of this Note, shall sell or grant issue any option to purchase, or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition of) any Common Stock, preferred shares convertible into Common Stock, or debt, warrants, options or other instruments or securities which are convertible into or exercisable for shares of exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), other than the Note, or (b) any rights or warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”) at a shall be issued or sold. If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Common Stock Equivalent shall be less than the applicable Exercise Conversion Price then in effect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the applicable Exercise Conversion Price in effect at the time of such amendment or adjustment, then the applicable Exercise Conversion Price upon each such issuance or amendment shall be adjusted as provided in the first sentence of subsection (iii)(A) of this Section 3(e)3. No adjustment shall be made to the Exercise Conversion Price upon the issuance of any Common Stock pursuant to the exercise, conversion or exchange of any Convertible Security or Common Stock Equivalent where an adjustment to the Conversion Price was made as a result of the issuance or purchase of such any Convertible Security or Common Stock Equivalent.

Issuance of Common Stock Equivalents. If The provisions of this Section 3.6(a)(vii) shall apply if (a) the Maker, at any time during following the Anti-Dilution Period, the Company or any subsidiary thereof, as applicableIssuance Date, shall sell or grant issue any option to purchase, or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition of) any Common Stock, preferred shares convertible into Common Stock, or debt, warrants, options or other instruments or securities which are convertible into or exercisable for shares of exchangeable for, directly or indirectly, Common Stock ("Convertible Securities"), other than the Notes, or (b) any rights or warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “"Common Stock Equivalents”") at a shall be issued or sold. If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Common Stock Equivalent shall be less than the applicable Exercise Conversion Price then in effect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the applicable Exercise Conversion Price in effect at the time of such amendment or adjustment, then the applicable Exercise Conversion Price upon each such issuance or amendment shall be adjusted as provided in the first sentence of subsection (vi) of this Section 3(e3.6(a). No adjustment shall be made to the Exercise Conversion Price upon the issuance of any Common Stock pursuant to the exercise, conversion or exchange of any Convertible Security or Common Stock Equivalent where an adjustment to the Conversion Price was made as a result of the issuance or purchase of such any Convertible Security or Common Stock Equivalent.

Issuance of Common Stock Equivalents. If (a) the Company, at any time during after the Anti-Dilution Period, the Company or any subsidiary thereof, as applicableClosing Date, shall sell or grant issue any option to purchase, or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition of) any Common Stock, preferred shares convertible into Common Stock, or debt, warrants, options or other instruments or securities which are convertible into or exercisable for shares of exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), or (b) any rights or warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”) at shall be issued or sold and if the sum of the price for which such Common Stock Equivalents are sold (on a per Common Share Basis) plus the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Common Stock Equivalent shall be less than the applicable Exercise Price then in effect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and the sum of such issuance price plus such price as so amended shall be less than the applicable Exercise Price in effect at the time of such amendment or adjustment, then the applicable Exercise Price Price, upon each such issuance or amendment amendment, shall be adjusted as provided in Section 3(e3(f). No adjustment shall be made to the Exercise Price upon the issuance of any Common Stock pursuant to the exercise, conversion or exchange of any Convertible Security or Common Stock Equivalent where an adjustment to the Conversion Exercise Price was made as a result of the issuance or purchase of such any Convertible Security or Common Stock Equivalent.

Issuance of Common Stock Equivalents. If The provisions of this Section 5(c) shall apply if (a) the Company, at any time during after the Anti-Dilution Period, the Company or any subsidiary thereof, as applicableIssuance Date, shall sell or grant issue any option to purchase, or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition of) any Common Stock, preferred shares convertible into Common Stock, or debt, warrants, options or other instruments or securities which are convertible into or exercisable for shares of exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), other than the Notes, or (b) any rights or warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”) at a shall be issued or sold. If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Common Stock Equivalent shall be less than the applicable Exercise Price then in effect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the applicable Exercise Price in effect at the time of such amendment or adjustment, then the applicable Exercise Price upon each such issuance or amendment shall be adjusted as provided in the first sentence of subsection (A) of Section 3(e5(b). No adjustment shall be made to the Exercise Price upon the issuance of any Common Stock pursuant to the exercise, conversion or exchange of any Convertible Security or Common Stock Equivalent where an adjustment to the Conversion Exercise Price was made as a result of the issuance or purchase of such any Convertible Security or Common Stock Equivalent.

Issuance of Common Stock Equivalents. If The provisions of this Section 3(f) shall apply if (a) the Company, at any time during after the Anti-Dilution Period, the Company or any subsidiary thereof, as applicableInitial Exercise Date, shall sell or grant issue any option to purchase, or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition of) any Common Stock, preferred shares securities convertible into or exchangeable for, directly or indirectly, Common Stock ("Convertible Securities"), other than Excluded Stock, or debt, warrants, (b) any rights or warrants or options or other instruments or securities which are convertible into or exercisable for shares of to purchase any such Common Stock or Convertible Securities (collectively, the “"Common Stock Equivalents”) at a "), other than Excluded Stock, shall be issued or sold. If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Common Stock Equivalent shall be less than the applicable Exercise Price then in effect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the applicable Exercise Price in effect at the time of such amendment or adjustment, then the applicable Exercise Price upon each such issuance or amendment shall be adjusted as provided in Section 3(e). No adjustment shall be made to the Exercise Price upon the issuance of any Common Stock pursuant to the exercise, conversion or exchange of any Convertible Security or Common Stock Equivalent where an adjustment to the Conversion Exercise Price was made as a result of the issuance or purchase of such any Convertible Security or Common Stock Equivalent.

Issuance of Common Stock Equivalents. If the Issuer shall at any time during following the Anti-Dilution Period, the Company or any subsidiary thereof, as applicable, shall sell or grant any option to purchase, Original Issue Date issue or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition of) any Common StockStock Equivalents, preferred shares convertible into whether or not the rights to exchange or convert thereunder are immediately exercisable, and the aggregate price per share for which Common Stock, Stock is issuable upon such conversion or debt, warrants, options or other instruments or securities which are convertible into or exercisable exchange plus the consideration received by the Issuer for issuance of such Common Stock Equivalent divided by the number of shares of Common Stock issuable pursuant to such Common Stock Equivalent (collectively, the “Aggregate Per Common Stock EquivalentsShare Price”) at a price per share shall be less than the applicable Exercise Warrant Price then in effect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall make the Aggregate Per Common Share Price be less than the applicable Exercise Warrant Price in effect at the time of such amendment or adjustment, then the applicable Exercise Warrant Price upon each such issuance or amendment shall be adjusted as provided in Section 3(e4(d). No further adjustment of the Warrant Price then in effect shall be made to the Exercise Price under this Section 4(e) upon the issuance of any Common Stock Equivalents which are issued pursuant to the exerciseexercise of any warrants or other subscription or purchase rights therefor, if any such adjustment shall previously have been made upon the issuance of such warrants or other rights pursuant to this Section 4(e). No further adjustments of the Warrant Price then in effect shall be made upon the actual issue of such Common Stock upon conversion or exchange of any Convertible Security or such Common Stock Equivalent where an adjustment to the Conversion Price was made as a result of the issuance or purchase of such Convertible Security or Common Stock EquivalentEquivalents.

Issuance of Common Stock Equivalents. If The provisions of this Section 3(f) shall apply if (a) the Company, at any time during after the Anti-Dilution Period, the Company or any subsidiary thereof, as applicableInitial Exercise Date, shall sell or grant issue any option to purchase, or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition of) any Common Stock, preferred shares securities convertible into or exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), other than Excluded Stock, or debt, warrants, (b) any rights or warrants or options or other instruments or securities which are convertible into or exercisable for shares of to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”) at a ), other than Excluded Stock, shall be issued or sold. If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Common Stock Equivalent shall be less than the applicable Exercise Price then in effect$0.35 per share, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the applicable Exercise Price in effect $0.35 per share at the time of such amendment or adjustment, then the applicable Exercise Price upon each such issuance or amendment shall be adjusted as provided in Section 3(e). No adjustment shall be made to the Exercise Price upon the issuance of any Common Stock pursuant to the exercise, conversion or exchange of any Convertible Security or Common Stock Equivalent where an adjustment to the Conversion Exercise Price was made as a result of the issuance or purchase of such any Convertible Security or Common Stock Equivalent.

Issuance of Common Stock Equivalents. If The provisions of this Section 1.5(f) shall apply if (a) the Borrower, at any time after the date hereof during the Anti-Dilution Period, the Company or any subsidiary thereof, as applicableperiod in which this Note is outstanding, shall sell or grant issue any option to purchase, or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition of) any Common Stock, preferred shares securities convertible into or exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), other than Excluded Stock, or debt, warrants, (b) any rights or warrants or options or other instruments or securities which are convertible into or exercisable for shares of to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”) at a ), other than Excluded Stock, shall be issued or sold. If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Common Stock Equivalent shall be less than the applicable Exercise Price then in effectConversion Price, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the applicable Exercise Conversion Price in effect at the time of such amendment or adjustment, then the applicable Exercise Conversion Price upon each such issuance or amendment shall be adjusted as provided in Section 3(e1.5(e). No adjustment shall be made to the Exercise Conversion Price upon the issuance of any Common Stock pursuant to the exercise, conversion or exchange of any Convertible Security or Common Stock Equivalent where an adjustment to the Conversion Price was made as a result of the issuance or purchase of such any Convertible Security or Common Stock Equivalent.

Issuance of Common Stock Equivalents. If The provisions of this Section 3.6(a)(vii) shall apply if (a) the Maker, at any time during after the Anti-Dilution Period, the Company or any subsidiary thereof, as applicableIssuance Date, shall sell or grant issue any option to purchase, or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition of) any Common Stock, preferred shares convertible into Common Stock, or debt, warrants, options or other instruments or securities which are convertible into or exercisable for shares of exchangeable for, directly or indirectly, Common Stock ("CONVERTIBLE SECURITIES"), other than the Notes, or (b) any rights or warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”"COMMON STOCK EQUIVALENTS") at a shall be issued or sold. If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Common Stock Equivalent shall be less than the applicable Exercise Conversion Price then in effect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the applicable Exercise Conversion Price in effect at the time of such amendment or adjustment, then the applicable Exercise Conversion Price upon each such issuance or amendment shall be adjusted as provided in the first sentence of subsection (vi) of this Section 3(e3.6(a). No adjustment shall be made to the Exercise Conversion Price upon the issuance of any Common Stock pursuant to the exercise, conversion or exchange of any Convertible Security or Common Stock Equivalent where an adjustment to the Conversion Price was made as a result of the issuance or purchase of such any Convertible Security or Common Stock Equivalent.

Issuance of Common Stock Equivalents. If at any time The provisions of this Section 3(f) shall apply if the Issuer during the Anti-Dilution Period, the Company or shall (a) issue any subsidiary thereof, as applicable, shall sell or grant any option to purchase, or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition of) any Common Stock, preferred shares convertible into Common Stock, or debt, warrants, options or other instruments or securities which are convertible into or exercisable for shares of exchangeable for, directly or indirectly, Common Stock (“Convertible Securities”), or (b) issue or sell any rights or warrants or options to purchase any such Common Stock or Convertible Securities (collectively, the “Common Stock Equivalents”) at a ). If the price per share for which Additional Shares of Common Stock may be issuable pursuant to any such Convertible Securities or Common Stock Equivalent shall be less than the applicable Exercise Warrant Price then in effect, or if, after any such issuance of Common Stock Equivalents, the price per share for which Additional Shares of Common Stock may be issuable thereafter is amended or adjusted, and such price as so amended shall be less than the applicable Exercise Warrant Price in effect at the time of such amendment or adjustment, then the applicable Exercise Warrant Price upon each such issuance or amendment shall be adjusted as provided in Section 3(e). No adjustment shall be made to the Exercise Warrant Price upon the issuance of any Common Stock pursuant to the exercise, conversion or exchange of any Convertible Security or Common Stock Equivalent where an adjustment to the Conversion Price was made as a result of the issuance or purchase of such Convertible Security or Common Stock Equivalent.